Maravi

Judge Musonda has instead damaged himself – Hansungule

Judge Musonda has instead damaged himself – Hansungule
Written by Ernest Chanda
Sunday, June 28, 2009 4:45:57 PM

SOUTH Africa-based human rights lawyer Professor Michelo Hansungule has said Lusaka High Court judge Phillip Musonda has not compromised or damaged the Judiciary but has instead damaged himself over the Dora Siliya matter.

Commenting on President Rupiah Banda's defence of education minister Siliya's reappointment soon after she was cleared by Lusaka High Court judge Musonda of breaching the Constitution as found by the judge Dennis Chirwa-chaired tribunal, Prof Hansungule said looking at the President's defence of Siliya it was easy to understand why Judge Musonda ruled in her favour.

"People have suggested that the Supreme Court has been damaged or compromised through the Siliya case, quite the contrary. It is not possible for the Supreme Court or the Judiciary for that matter to be damaged by this Siliya and Banda thing. The Judiciary in Zambia, and the Supreme Court in particular, is larger than Siliya or judge Musonda. It is not possible that judge Musonda can damage or compromise the Zambian Judiciary," observed Prof Hansungule, a lecturer at the University of Pretoria.

"Rather, judge Musonda's judgment especially the comments he made on his seniors damages him and President Banda and his government. Everyone knows how this case came about and what President Banda said in his first remarks in support of Siliya. Therefore, it goes without saying what kind of judgment the President wanted and with these facts, I doubt if judge Musonda would have arrived at a different decision. The Supreme Court cannot be compromised by this strange case. It is a particular case anyone who read what was said by the President and his vice [George Kunda] cannot fail to understand why it has turned out the way it has."

Prof Hansungule said the people of Zambia were now left with a choice to judge who was wrong between the tribunal and the High Court.

"The three judges on the tribunal sat for hours listening to evidence and watching the demeanor of witnesses before coming to the conclusion they did. A judge who did not have the benefit of witnesses talking to him or her cannot come up with a decision bearing on facts he was not privy to. The particular judges on the tribunal are among some of the most respected judicial minds in the legal circles in the Commonwealth. Given what has happened, one must make their own minds as to which between the tribunal and the court was right," he said.

Prof Hansungule charged that President Banda was encouraging indiscipline in the public service.

He said the act of re-appointing Siliya to Cabinet was regrettable.

"Now that President Banda has shed light on his controversial decisions particularly with regards to the Dora Siliya case, it is important to make some observations. This is a very regrettable development that a clear case of indiscipline has been handled so badly by President Banda who should have approached it just like any other case," said Prof Hansungule.

"The only reason why President Banda can afford to be so hard-headed as in the instant case is that democracy has not yet matured in Zambia. He cannot dare this in matured democracies. It is unfortunate but all this adds to the poverty in the everyday life of majority of people."

Recently, judge Musonda cleared Siliya of breaching the Constitution when she ignored the legal advice of the Attorney General on the engagement of RP Capital Partners to value Zamtel assets as found by the tribunal. A day later, President Banda, who initially defended Siliya on the matter, appointed her as education minister.

However, various stakeholders expressed concern over the President's swift decision but the head of state last week proudly made it clear that he did not need permission from the opposition political parties and students to make appointments, saying he was happy that Siliya had been cleared by the court.

Labels: MICHELO HASUNGULE, PHILLIP MUSONDA

posted by MrK @ 3:46 PM