Attorney General Mumba Malila has finally filed the appeal against a High Court decision to stay proceedings of the tribunal instituted to investigate three suspended judges for professional misconduct.
Malila conspicuously filed the appeal to the Supreme Court on the same day President Michael Sata appointed his relative justice Lombe Chibesakunda as Chief Justice and Florence Mumba as Acting Deputy Chief Justice.
In April, President Sata suspended three judges Phillip Musonda of the Supreme Court, Charles Kajimanga and Nigel Mutuna both of the High Court for passing judgment against JNC Holdings, Post Newspapers and Mutembo Nchito over a K14 billion loan obtained from the Development Bank of Zambia.
Sata subsequently set up a tribunal to investigate the trio whom he had publicly branded corrupt at a press briefing and has imported a Malawian judge Lovemore Chikopa to preside over the matter.
Judge Mutuna and Kajimanga applied for judicial review to establish whether the decision to set up the tribunal was procedurally legal and asked the court to stay its proceedings.
Judge Fulgence Chisanga stayed proceedings and ruled in favour of the two judges to seek judicial review while staying proceedings of the tribunal but Malila immediately filed a notice of appeal.
The decision to finally file the appeal which was prepared over two weeks ago on the day as the announcement was made that Chief Justice Ernest Sakala had gone on leave pending expiry of his contract in August so as Acting Deputy Chief Justice Dennis Chirwa who is on the verge of retirement has raised speculations on the excessive interference in the PF government is exerting in the judiciary.
Last week justice Chirwa allowed an application by judge Musonda to join the case of the two judges as he had particular interest in the outcome of the matter.