Two of the three suspended judges Nigel Mutuna and Charles Kajimanga have again rushed back to court but this time around to challenge the constitutionality of the tribunal set up to probe their alleged professional misconduct.
Justices Mutuna and Kajimanga have contested that the tribunal should not be allowed to sit and hear their alleged professional misconduct, contending that it has no legal framework consistent with their constitutional rights.
Recently, the majority judgment delivered by acting Chief Justice Lombe Chibesakunda said that President Michael Sata was within his constitutional powers to suspend the judges and to subsequently set up a tribunal to probe them along with Supreme Court judge Philip Musonda.
But Judges Mutuna and Kajimanga yesterday filed an application for judicial review challenging the constitutionality of the tribunal which would commence sittings next week.
They argued that the tribunal defied the rule of natural justice and was a violation of their constitutional rights.
They alleged that the tribunal had failed to give them adequate notice of proceedings to enable them to prepare adequately and exercise their constitutional rights during the hearing.
Last year, the three judges had filed an application before the Lusaka High Court challenging their suspension and the pending establishment of the tribunal to probe them.
TIMES OF ZAMBIA