Heritage Party president Brigadier General Godfrey Miyanda says acting Chief Justice Lombe Chibesakunda should recuse herself from hearing the matter involving Petauke Central MMD candidate and two others as she would be impartial further describing her as a scandal of the year.
The former Republican Vice President has branded the continued stay in office of Chibesakunda as the scandal of the year.
Miyanda wondered why Chibesakunda had insisted on presiding over the case when she could have easily delegated that responsibility to any of her juniors.
He observed that the speed at which Chibesakunda moved to stop the nominations was a very strange given the length of time it takes to get justice in Zambia.
“The statement a few days ago that Madam Chibesakunda herself attended to and allowed the application by the Attorney General has not been repudiated; if it is true it is worrisome for one would ordinarily NOT expect the Chief Justice to hear a single judge application when there are other junior Supreme court judges,” he said.
“In this instance the process requires fairness and transparency. The axiom that “justice must not only be done but must be seen to be done” is very much at play here. Currently there is a pending contempt case involving MMD President Dr Nevers Mumba in which he was accused of making certain statements against Madam Chibesakunda. Although she is not on the panel hearing the case, the waters are still muddy.
“Further two of the three successful petitioners at High Court level are MMD MPs who also were successful in their Judicial Review application.”
Miyanda said the conduct of Justice Minister Wynter Kabimba in initiating the cancellation of the nominations for the three by-elections was not above board.
“Then there is the questionable conduct of the Minister of Justice, who has yet to tell the truth about whom he spoke with immediately before the lightning speed ruling emanating from the “court”,” he said.
He questioned why Chibesakunda had been willing to go to great lengths to appease her handlers.
“And now Madam Chibesakunda has herself granted the appeal and stopped the nominations of Siliya et al. Who or what is driving this hitherto unseen enthusiasm in a case? Surely the public require answers even before the hearing of the case because these are NOT empty speculations. The circumstances are at par with the Nixon tapes; there is a smoking gun and someone is really worried that the gun may be found.”
He added: “This Chief Justice saga will go down in Zambian judicial history as the scandal of the year!”
Miyanda demanded answers to the defacto abolishment of the office of the Deputy Chief Justice.
“Minister Kabimba has failed to justify the continued acting appointment of Madam Chibesakunda or make a convincing case of the apparent abolishment of the office of substantive Deputy Chief Justice, when there is a substantive holder of the position in the name of Madam Justice Irene Mambilima (of this later),” he said.
“Since the Acting Chief Justice will not step down on her own, the only honourable step for her to take is to recuse herself from the case involving the three Honourable MPs namely Mwale, Siliya and Sililo.”
Miyanda has pleaded with President Sata to present another name to parliament as per copnstinurional requirement to hold the position of substantive Chief Justice.
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