From the time President Michael Sata succumbed to the M’membe, Nchito, Kabimba evil cartel s pressure to retire Chief Justice Enerst Sakala and replace him with his relative Lombe Chibesakunda, operations in the judiciary have been very rough.
But what has suffered most is the independence and credibility of the highest court in the land- the Supreme Court.
Some High Court Judges have tried to be professional but most Supreme Court Justices have been a huge disappointment.
REPLACING CHIBESAKUNDA AND MUMBA.
All Supreme Court Justices are aware that acting Chief Justice Lombe Chibesakunda and acting Deputy Chief Justice Florence Mumba do not qualify to hold substantive positions and that at one time or another, the two just have to go. Both are too old for the positions they currently hold.
It’s is only natural to suspect that the remaining judges in the Supreme Court are each and individually eying either the position of Chief Justice or that of Deputy Chief Justice as a result they could be prone to deliver judgements that are favourable to the appointing authority.
The Chief Justice or deputy is often appointed from the 11 judges (justices) of the Supreme Court.
High Court judges do not qualify (unless in extremely rare cases ) to hold the position of chief justice or deputy chief justice. This means that the number of candidates is severely limited to the judges of the Supreme Court.
So it will not be cruel to say that on the Supreme Court Bench, there are Job Seekers.
For those who followed the Supreme Court ruling on the Judge Chikopa tribunal, you will agree that the Supreme court is in a serious quandary as evidenced from the split judgment it delivered.
Lombe Chibesakunda wants to stay and that is why she ruled in favour so did, Florence Mumba, Muyunda Wanki and Gregory Phiri.
Muyunda Wanki feels he has been on the bench for a long time so he would be the right replacement for Chibesakunda a scenario that makes it easier for him to rule in favour of President Sata’s interest. Gregory Phiri is President Sata’s personal friend. They also go to the same church at Saint Ignitius Catholic church that’s if Sata is still a Christian because at times he behaves like a Devils advocate.
Gregory Phiri is alos held hostage by the Post newspaper so he has two votes already.
For those who doubt our observations that Sata and Gregory Phiri are close associates let us do a bit of primary school can you remember.
Do you remember that at one time when Sata was the Minister in MMD government under President Chiluba deposited government money in his personal account at Standard Chartered Bank and then Vice President Levy Patrick Mwanawasa reported him for corruption?
Why was Sata not prosecuted? Who was the Director of Public Prosecutions (DPP) then?
We can provide the answer for you. It was Gregory Phiri. That was the DPP who refused to give consent to have Sata prosecuted. It is not true that Chiluba stopped the prosecution of Sata.
It was Gregory Phiri who refused consent. Chiluba actually wanted to retire Gregory Phiri as he considered him a UNIP sympathiser but Sata prevailed over Chiluba that’s how Phiri was removed as DPP and appointed High Court Judge.
So would you expect Phiri to rule against Sata? He is definitely one of the Job seekers.
If one has to conclude from the already alluded to Ruling on the Chikopa tribunal, one can only say that the only Justices who have an iota of integrity in relation to job seeking are Marvin Mwanamwambwa, Getrude Chawatama and Hilda Chibomba.
ANOTHER AGONY/ LAZ vs 18 Law Firms
Another agony that has been created by the insistence by Sata that his relative should remain as Chief Justice is that the Law Association of Zambia (LAZ) has taken the matter the High Court and 18 Law Firms have joined hands to defend the now embattled Acting Chief Justice Lombe Chibesakunda.
The question is what happens if one of the 18 law firms has, and most if not all of them do, an existing appeal before the Supreme Court where Chibesakunda is the main judge?
Won’t the Supreme Court be compelled to rule in favour of any of the 18 law firms?
What happens when one of the law firms representing LAZ has a matter before the Supreme Court worse still Chibesakunda? Won’t the Supreme Court be compelled to rule against the law firm?
Will Chibesakunda and her crony justices be recusing themselves from matters represented by these law firms?
How many cases will Chibesakunda and her cronies recuse themselves from?
This is what we mean when we say Sata is Chief Confusion Strategist. Surely the Supreme Court has been caught in a Spider Web. It can as well be considered defunct.
This is all because Sata wants his relative to be Chief Justice. The result has been a compromised Supreme Court and compromised LAZ