TEDWORTH JUDGMENT CHALLENGED

Wed, 18 Jan 2017 10:08:46 +0000

By Chikumbi Katebe

THE Supreme Court judgment which forfeited second republican President Dr. Frederick Chiluba’s property to the State has been challenged in a petition as circumstances under which it was delivered have also come under scrutiny.

Two separate judgments consisting of two different panels arriving at exactly the same verdict have surfaced raising fears and consternation.

Attempts to seek a clarification for the different signatures on the  judgment have proved futile. In one judgement Judge Charles Kajimanga signs with the  Chief Justice Irene Mambilima and Judge Roydah Kaoma. In the other Judgment Judge Jones Chinyama signs with the two Lady Justices.

According to information obtained at the Supreme Court Registry, the initial copy of the landmark Judgment had mistakenly included a name of a Judge that was not part of the panel of judges that deliberated the case, which included the Chief Justice Ireen Mambilima and Supreme Court Judge Roydah Kaoma respectively.

However it is not clear how another judge who did not sit on the panel signed the judgment.

Meanwhile lawyers representing Tedworth have lodged a petition challenging the judgment on a technicality.

The petition was filed in court yesterday by Simeza Sangwa.

The Supreme Court last week ordered for the immediate withdrawal of the original copies issued to the various parties after the delivery of the judgment, apparently to amend the mistaken inclusion of a wrong judge on the bench of Justices who had deliberated the case.

The Anti-Corruption Commission (ACC) last week disclosed to the public contents of a judgment that properties managed by Access Finance and SP Mulenga associates which belonged to Dr Chiluba had been
forfeited to the State.

The State has since confiscated all properties alluded to in the judgment worth over K40 million purportedly belonging to Dr Chiluba, following a Supreme Court Judgement of 29th December 2016, which judgment has been withdrawn following maladministration on the names of the judges that made the bench.

ACC revealed that in 2001, they instituted investigations into suspected corruption in the manner Tedworth Properties Incorporation Limited, a company incorporated in Panama, acquired properties in Zambia, and there were court proceedings thereafter, but after the conclusion of the matter, the Supreme Court has failed to make public the Judgment.