THE FOLLOWING STATEMENT HAS BEEN POSTED ON STATEHOUSE WEBSITE (http://www.statehouse.gov.zm)
Ministry of Justice, Sebastian Zulu on may 16,2012, said the granting of the stay President Micheal Sata’s suspension of Justices Philip Musonda, Charles Kajimanda and Nigel Mutuna showed that the Judiciary was panicking.
And Zulu has ordered Solicitor General Musa Mwenye to immediately apply to the High Court to have the stay of execution of the tribunal revoked.
Lusaka High Court Judge Flugence Chisanga on May 16,2012 stayed proceedings of a Tribunal appointed by President Sata to investigate the misconduct of a supreme Court Judge and two High Court Judges after arguments that it was illegal and premature.
In an Interview shortly after the state received the order served on the Attorney General , Zulu said he surprised by the development because it was unlawful and in contravention of the State proceedings act.
The matter has been instituted by High Court Judge Nigal Mutuna and Judge Kajimanga who are contesting the legality of their suspension as Judges last month and subsequent setting up of a tribunal to probe their alleged misconduct.
” I have ordered the solicitor General to immediately have that stay revoked on the ground that under section 16 of the state proceedings Act. An Injunction may not be granted against the state,”he said.
“An Order of stay is in fact a mandatory injunction which is ordering that the tribunal should not take off, That is what the law does not allow. It (law) doesn’t allow such an order as far as I an concerned.”
Zulu Said he was shocked at the order passed by the judge,in which the reinstating of two involved parties as judges has also been ordered,stressing that it was clear that the judiciary were panicking.
Hearing in matter has been set for May 30,2012