Maravi

Musonda joins fight against tribunal

Musonda joins fight against tribunal
By Mwala Kalaluka
Tue 05 June 2012, 13:25 CAT

THE Supreme Court yesterday allowed an application by its suspended judge Philip Musonda to join two other suspended High Court judges, Nigel Mutuna and Charles Kajimanga, in challenging President Michael Sata's decision to appoint a tribunal to probe their alleged misconduct.

Deputy Chief Justice Dennis Chirwa granted judge Musonda's application during a hearing held in chambers and he said the order would also act as a stay on President Sata's decision to suspend and appoint a tribunal to investigate alleged misconduct on judge Musonda's part.

And suspended judge Musonda says receiving a complaint from a litigant and passing it on to a subordinate judge to handle the matter cannot be termed as misconduct.

This is a matter where the state has appealed to the Supreme Court against Lusaka High Court judge Fulgence Chisanga's ruling to sustain the stay of proceedings of a tribunal appointed to investigate the trio's alleged misconduct in April this year.

Judge Chirwa said judge Musonda, following his order, was now the third respondent in the appeal matter before the Supreme Court.

"Upon reading the affidavit of Philip Musonda and upon hearing counsel, it is hereby ordered that Philip Musonda be allowed as the third respondent to this appeal and that be enjoined to the order granting leave to apply for judicial review by the High Court and that such leave is to act as a stay of the decision to appoint a tribunal against the third respondent," judge Chirwa said,

"and that his suspension from performing his duty as a judge of the Supreme Court is also hereby stayed pending further order. It is also ordered that the costs of the application be in the cause."

In his affidavit in support of summons to join the proceedings, judge Musonda said he was joining his two suspended colleagues to avoid multiplicity of actions.

"I was desirous to join as respondent in opposition to the state appeal as I am jointly charged with the two High Court judges," judge Musonda said.

"I believe that receiving a complaint from a litigant and passing it over to my deputy judge-in-charge, Charles Kajimanga, who was in-charge of the commercial registry, can never be misconduct."

Judge Musonda said as regards the case of DBZ-v-JCN Holdings, Post Newspapers and Mutembo Nchito, he did not know the matter existed for him to conspire to transfer it as the tribunal's terms of reference suggested.

"If as judge-in-charge I was interfering against the complainant's case, why didn't I interfere then?" judge Musonda said.

"As judge-in-charge for Lusaka, Eastern and Western Provinces I could try any matter I wanted but I exercised the power judiciously so as not to interfere in other judges' work as that would be contemptuous and undermining the independence of the judges. I pray that I be allowed to join the respondents in opposition to the state's appeal as I have more than sufficient interest and the outcome has bearing on me."

Judge Musonda said such an order should act as a stay against his suspension and that he would also be part of the leave granted to two other suspended for leave to apply for judicial review.

Labels: JUDICIARY, PHILIP MUSONDA

posted by MrK @ 2:15 PM