Judges in Zambia are leaving in fear for their jobs and post bench life following the ill treatment retired Deputy Chief Justice Dennis Chirwa has received at the hands of President Michael Sata who has since frozen all his benefits.
This was after judge Chirwa opposed the formation of the tribunal set up to investigate alleged professional misconduct of three judges and is chaired by the Head of State’s Malawian friend judge Lovemore Chikopa.
The suspended Judges, Phillip Musonda (Supreme Court) and two High Court judges Nigel Mutuna and Charles Kajimanga challenged the setting up of the tribunal that is expected to investigate their professional misconduct but a compromised Supreme Court bench led by President Sata’s cousin Acting Chief Justice Lombe Chibesakunda and Post Newspaper ally Acting Deputy Chief Justice Florence Mumba.
Sources in the justice ministry, speaking on condition of anonymity for fear of victimization said when the allegations against the three judges emerged, the judges sought an audience with President Sata where they advised him not to go ahead with the tribunal.
The sources said during the meeting at State House, judge Chirwa advised President Sata against constituting a tribunal and this angered the President who plotted revenge after the former Deputy Chief Justice was forced to retire.
It is alleged that after the State House meeting, judge Chirwa decided to utilize his leave days for six months pending his subsequent retirement.
“What happened is that by the time Judge Chirwa went on leave pending retirement, he was handling some cases which remained unfinished. So while on leave, the Acting Chief Justice ordered him to finish off his cases but he told her that he had asked for leave to rewind from work.
“He [Justice Chirwa] said handling cases while on leave will amount to working. After he refused to do so, that is when they decided to fix him. As he was on leave, he reached his retirement time and that is how he left work. The whole thing was reported to the President who personally instructed the Acting Chief Justice to ensure that judge Chirwa should not be paid his benefits and terminate payment of any entitlement that he needed to enjoy as a retired judge.
“The situation is bad because the man invested all his life in work but at the end of the day, he is being victimized for no cause at all,” the sources said.
The sources said the freezing of judge Chirwa’s benefits has sent shivers in the rank of older judges that are marked for retirement or serving on contract. The sources said that is why judges that are supposed to retire soon such as the acting Chief Justice Chibesakunda, judges Florence Mumba and Munyinda Wanki all supported the president’s decision instituting the tribunal in the recent Supreme Court judgment that has greatly divided opinion in the country.
“If you look at their record, all these judges that are likely to retire soon refused to oppose the President because if they did so, they will have had the same problems facing judge Chirwa where their benefits will be frozen,” the sources said.
President Sata’s decision to set up a tribunal was only opposed by three judges that gave dissenting judgments. The three judges include Judges Marvin Mwanamwambwa, Elizabeth Muyovwe and Hildah Chibomba.
The three judges argued that Article 98 (3) which the President used to suspend the tribunal could be challenged through a judicial review by anyone who was not agreeable with the action because law was not static.
Judge Chirwa has since sought court intervention in the freezing of his entitlements hoping a compromised member of the bench will not be the one handling his case.
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