Judge blasts UPND lawyers

Wed, 24 May 2017 11:57:40 +0000

By CHARLES MUSONDA

HIGH Court Judge Mwila Chitabo yester blasted UPND lawyers for their conduct of ‘‘mischaracterizing’’ courts’ decisions.

And Mr. Justice Chitabo has stayed proceedings in the matter where incarcerated UPND president Hakainde Hichilema and his running mate Geoffrey Bwalya Mwamba are fighting for their right to be heard over the dismissal of their petition against the August 11, 2016, election results by the Constitutional Court.

Mr Justice Chitabo stayed the proceedings following an application by Mr. Hichilema and Mr. Mwamba pending the Supreme Court hearing of their appeal against his refusal to recuse himself from hearing the main matter.

Delivering ruling yesterday, Mr. Justice Chitabo said: “I did not say that the recusal application had failed for being spurious, frivolous, vexatious, scandalous and otherwise not supported by any iota of evidence.
This conduct of mischaracterizing of courts’ decisions is strongly disapproved.

“Advocates are officers of the court and they owe a duty to the court and to their clients to present their cases fairly. Arguments by learned attorneys should be accurate and not enigmatic or twisted,” the judge said.

He said having found no merit in the application for his recusal, he could not recuse himself nor transfer the matter to another judge.

“Nor is the court clothed with the jurisdiction to appoint a panel of three judges or more to hear and determine a matter,” Mr. Justice Chitabo said.

He added that having found no merit in the stay application and the matter the applicants referred to in support of their application, ordinarily he must decline the stay application.

“I will therefore stay the proceedings of the court, firstly not because there are chances of success but for the Supreme Court to set a precedent as the final Court of Appeal.

“Secondly, notwithstanding that the appeal will have the resultant effect of delaying the hearing and determination of the petitioners’ petition – which has been beleaguered with days trailed to the petitioners themselves – this application will be allowed on the sole ground given by Musonda J. (former Supreme Court Philip Musonda) in the Joan Irwin versus John Irwin case,” Mr Justice Chitabo said.