By NATION REPORTER
CHIEF Justice Mumba Malila, SC and Justice Jones Chinyama have been reported to the Judicial Complaints Commission (JCC) for gross judicial and professional misconduct after presiding over a Supreme Court appeal case involving Dr Katele Kalumba, Stella Chibanda, Faustine Kabwe and Aaron Chungu.
Emmanuel Mwamba says Chief Justice Malila and Justice Chinyama should not have presided over the Supreme Court appeal case because the two were prejudiced and has asked the JCC to set up a tribunal to investigate the complaint.
He said failure by Dr Malila and Justice Chinyama to recuse themselves from hearing and determining the appeal was an act of gross misconduct, which deliberately prejudiced the appellants.
His complaint is that Mr Chinyama should not have sat to hear and determine the case as they were largely prejudiced on account of their established perceptions of the appellants and therefore robbed them of the right to innocence and a fair hearing.
He said Dr Malila as Attorney General and on behalf of the State sued former President Dr Frederick Chiluba, Ms Chibanda, Mr Kabwe and Mr Chungu in the London High Court over ZAMTROP payments.
Mr Mwamba said it was therefore surprising that the two could preside over the appeal case when they could have recused themselves over the matter.
He recalled that Justice Chinyama, in 2009, as Magistrate in the Subsidiary Court had convicted and jailed Mr Kabwe and Mr Chungu whom he had found guilty of theft and being in possession of money believed to have been stolen or unlawfully obtained from the ZAMTROP account.
In his letter to the Judicial Complaints Commission Chairperson, Mr Mwamba said Dr Malila amd Mr Chinyama presided over an appeal case in which they should have recused themselves.
Mr Mwamba stated that the Constitution in Article 118, provided that judicial authority was exercised in a fair and accountable manner but he was surprised that Dr Malila and Mr Chinyama went on to preside over a matter for which they were clearly prejudiced.
Mr Mwamba, Zambia’s former Ammbassador to Ethiopia said he was surprised to learn that Dr Malila and Mr Chinyama went on to hear and determine the Supreme Court appeal case involving Ms Chibanda and three others.
He recalled that Justice Chinyama, in 2009, as Magistrate in the subsidiary court, convicted and jailed Faustin Kabwe and Aaron Chungu. The two were found guilty of theft and being in possession of money believed to have been stolen or unlawfully obtained from the ZAMTROP account.
It is worth noting that on appeal to the High Court, both Kabwe and Chungu were acquitted on these matters by a panel of judges comprising Judge Betty Mungomba, Judge Mwila Chitabo and Judge Annessie Bobo-Banda.
“It is worth noting that on appeal to the High Court, both Faustin and Aaron Chungu were acquitted on these matters by a panel of judges comprising Judge Betty Mungomba, Judge Mwila Chitabo and Judge Annessie Bobo-Banda.”
“It is on record that Dr Malila, as Attorney General and on behalf of the Republic of Zambia, sued former President, Frederick Chiluba, Stella Mumba Chibanda, Faustin Kabwe and Aaron Chungu in the London High Court, in the case of the Attorney General of Zambia Vs Meer Care& Desai (a firm) & Others (2007) EWHC 952, over payments made in the ZAMTROP account,” Mr Mwamba said.
