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Mchenga lacks character for a judge - Chibuluma

Mchenga lacks character for a judge - Chibuluma
By Chiwoyu Sinyangwe
Fri 02 Dec. 2011, 13:40 CAT

CHALWE Mchenga lacks character to make an impartial judge whom society can rely upon, says Sacord information officer Obby Chibuluma. Early this week, Parliament ratified the appointment of Mchenga, who until his recent appointment served as Director of Public Prosecutions (DPP), High Court judge.

The other newly-appointed High Court judges include Solicitor General Mubanga Kondolo, former Solicitor General and permanent secretary Dominic Sichinga and lawyer Nichola Sharpe-Phiri.

The National Assembly heard that the appointment of the four judges was made pursuant to Section 95(1) Cap 1 of the Laws of Zambia.

Commenting on the development, Chibuluma said the Southern African Centre for the Constructive Resolution of Dispute ( Sacord) held a view that Mchenga would not be an impartial judge going by his track record as DPP.

"Yes he qualifies to be a judge but there are a lot of unanswered questions around personal characters," Chibuluma said.

"His standing is not as good as the Parliament committee tried to put it and justify for the House to ratify his appointment. But we still feel whatever he did regarding the Frederick Chiluba case equally put his standing into question and that makes it even difficult for us to think he will be an impartial judge who is going to make judgments based on merit."

Mchenga was DPP in August 2009 when former president Chiluba was questionably acquitted of corruption and theft by Lusaka magistrate Jones Chinyama.

Mchenga resisted pressure from the civil society, opposition political parties and other concerned citizens to appeal against the Chinyama judgment in view of overwhelming evidence of convicting the late Chiluba of grand corruption.

Mchenga was also DPP when he granted former health permanent secretary Kashiwa Bulaya a nolle prosequi from his corruption charges during late president Levy Mwanawasa's regime.

Chibuluma said it would be difficult for society to draw confidence in Mchenga's performance as his track record showed that, as DDP, he served to protect the interest of the appointing authority at the expense of society.

"We believe there are several other lawyers that can play that role and the government should have found another way of redeploying him rather than taking up a position which is even more strategic and requires sober minded people," said Chibuluma.

Labels: CHALWE MCHENGA, OBBY CHIBULUMA

posted by MrK @ 5:48 PM