Thursday, May 17, 2012

Musonda has never challenged Sata's authority - Kapumpa

Musonda has never challenged Sata's authority - Kapumpa
By Moses Kuwema
Thu 17 May 2012, 09:00 CAT

SUSPENDED Supreme Court judge Philip Musonda's lawyer Mumba Kapumpa says his client has never intended to challenge, condemn or denounce President Michael Sata's constitutional authority to set up a tribunal.

Judge Musonda has been suspended together with High Court judges Nigel Mutuna and Charles Kajimanga over alleged misconduct.

In his statement of clarification over judge Musonda, Kapumpa stated that he wanted to correct certain misunderstandings and misconceptions which had been created in the minds of the public, following various stories which had appeared in the media.

"It has never been the intention of our client to challenge, condemn or denounce the constitutional authority of His Excellency the President of the Republic of Zambia, Mr Michael Chilufya Sata, regarding the power to set up a tribunal following his suspension as Supreme Court Judge," he stated.

"Mr Justice Musonda is not a politician and has never consulted any politician or been consulted by any politician, on any matter whatsoever, concerning the setting up of the said tribunal by His Excellency the President."

Kapumpa stated that upon being retained by judge Musonda on May 2 to act for him, in matter connected to the tribunal, the law firm instructed him not to issue any statements to the media or give interviews.

He said judge Musonda abided by instructions and never issued any statements to the media.

"We appeal to all concerned parties to respect Justice Musonda's desire to have this matter settled in a dignified and equitable manner. After all justice is for all, irrespective of what stations they occupy in society," stated Kapumpa.

Judge Musonda has since asked President Sata in his letter dated May 8, 2012 that he be retired in national interest.

But President Sata has rejected judge Musonda's application for early retirement until after the tribunal set up to probe his conduct concludes its work.

Judge Musonda has since told Minister of Justice Sebastian Zulu that the Director of Public Prosecutions Mutembo Nchito and the intelligence were planning to kill him.

And UNZASU says there is an act of desperation and fear on the part of the opposition political parties and the three suspended judges.

In a statement, University of Zambia Students Union secretary general Sishekanu Mwauluka stated that there was need for various stakeholders that include NGOs and political parties to allow the tribunal set up by President Sata to probe the conduct of the three judges.

"We believe the tribunal is a platform that will accord all the concerned parties an opportunity to be heard in a fair and amicable manner and further instil the people's confidence in the conduct of the judicial arm of government," Mwauluka stated.

Mwauluka wondered whether the opposition political parties were not ashamed that before the tribunal starts sitting, judge Musonda was asking for early retirement.

"Furthermore, the question that we may ask is that what if the tribunal finds them not guilty, what will be their reactions?" he asked.

He stated that there was need to allow the due process of the law to take its course.

Mwauluka stated that UNZASU supports the judicial reforms that would clean up the judiciary.

"We have seen in the past, if you don't have money, jail is for you but when you have, you will still walk the street with a tag on you without shame. In this case, the President means well. Let's support him on this matter but as students, we will not keep quiet when this government acts contrary to justice," he stated.

And Mwauluka stated that his executive would not run battles with the police like was the case in the past, saying that affected the academic calendar.

He stated that the country was in a computer age where dialogue was the best way to resolve matters.

Mwauluka stated that as a union, their role and mandate was akin to that of the members of parliament who engage the government on a number of challenges they faced in their constituencies.

He dispelled recent speculation that their president received K70 million from the PF, saying the executive was not for sale.

He further called on the government to upgrade the library and lecturer theatres to standards that were acceptable.

Mwauluka also stated that the union would also like to see an increase from government on initiatives that were aimed at increasing accommodation facilities on campus and also ensure that lecturers and researchers at the university were perfectly remunerated to levels obtaining in the region.

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