Maravi

Judge Chisanga personal - Zulu

Judge Chisanga personal - Zulu
By Kombe Chimpinde and Mwala Kalaluka
Sat 26 May 2012, 12:45 CAT

JUSTICE minister Sebastian Zulu has accused High Court judge Fulgence Chisanga of being personal in her judgment delivered against the state in which she decided to sustain a stay of proceedings of a tribunal appointed by President Michael Sata to probe the alleged misconduct of three suspended judges.

Meanwhile, the judges that held a closed-door meeting with President Sata at State House on Thursday afternoon failed to raise the issue of their suspended colleagues during the interaction, according to sources.

On May 17, the state, through Solicitor General Musa Mwenye, filed summons to discharge the leave to commence judicial review proceedings earlier ordered by judge Chisanga following an application by two of the suspended High Court judges - Nigel Mutuna and Charles Kajimanga.

Judge Chisanga said in her judgment, that: "At the hearing, Mr Shonga Junior sought guidance from the court in view of statements being made and made particular reference to the Honourable Minister of Justice who had given a press conference on the matter. When asked, the learned Solicitor General Musa Mwenye informed the court that he was not privy to statements allegedly made by the Minister of Justice and left it to the court to deal there with. I accordingly directed that no press statements be issued on the matter, it being subjudice and advised the Solicitor General to impress upon his clients from making comments on the process before the court."

She described Zulu's statements that decisions made by the state are not amenable to be stayed in judicial review proceedings as misguided.

"It is therefore misguided to characterise the consideration by the court of a matter duly issued out of the High Court as anarchy," she said in her judgment.

"This conduct is unbecoming of a person on whom the lofty status of State Counsel has been coffered and in fact demeans the eminent status."

Judge Chisanga further said Zulu's statements were "unreservedly contemptuous of the court" and that "professional ethics were seemingly sacrificed on the altar of expediency".

But Zulu said the remarks attributed to him in the judgment were personal.

"She is being personal but as I said I don't want to comment on that. I am state counsel myself and remember that the last bite is the deepest or the last cut is the deepest. Let her have her day; I don't want to be arguing with the judge at this point in time. She is a judge, she is entitled to say anything in her judgment. And me as politician I have got my own word also so we have different roles," Zulu said.

He said the state did not have any preconceived ideas by embarking on state reforms but to merely clean up the Judiciary.

"We are not pleased. We are dissatisfied with the judgment and I instructed the Solicitor General to appeal. We are going to the Supreme Court in chambers. That's the way forward. All we want are reforms in the Judiciary, that is all I am saying. I hope that the Solicitor General will make an application very, very soon. The state has since filed a notice of appeal on the matter," said Zulu.

The state is on Monday expected to file appeal documents in the Supreme Court following judge Chisanga's decision to sustain the stay of a tribunal appointed to probe the alleged misconduct of three suspended judges.

And sources told The Post yesterday that the selected judges who consisted High Court judges-in-charge and three Supreme Court judges, among others, did not have a clear-cut agenda for their meeting with President Sata.

"They judges didn't give any agenda. They just came and said they wanted to meet," the source said.

"At the end of the day they just started talking of the difficulties they had in terms of furniture. So there was nothing serious that they raised. I suspect they came to raise things but they didn't have the courage."

President Sata's special assistant for press and public relations George Chellah stated in a press release on Thursday that the meeting which lasted about one hour, was cordial, as both parties conferred on matters of common interest concerning the challenges facing the Judiciary.

Others that attended the meeting are justice minister Sebastian Zulu, Director of Public Prosecutions Mutembo Nchito, Attorney General Mumba Malila and Solicitor General Musa Mwenye.

President Sata, according to Chellah, stressed the need for constant dialogue and interaction between the Executive and the Judiciary.

Labels: JUDICIARY, MUSA MWENYE

posted by MrK @ 7:13 PM