Africa-Press – Zambia. Patriotic Front Presidential Candidate, Amb. Emmanuel Mwamba, this morning filed a complaint against the Chief Justice of Zambia, Hon. Mumba Malila, for alleged judicial misconduct.
In a letter to the Chairperson of the Judicial Complaints Commission (JCC), Amb. Mwamba accused Hon. Malila and Justice Jones Chinyama of misconduct for their handling of an appeal case in which they should have recused themselves. According to Mwamba, the Constitution of Zambia in Article 118, provides that judicial authority must be exercised in a fair and accountable manner.
The appeal case in question, Stella Mumba Chibanda and 3 Others Vs The People, appeal nos. 418, 419, 420, 421 of 2013, involved facts and alleged crimes committed during the disbursement of funds from a security account held in ZNCB London Branch, run by the Zambia Security Intelligence Services (ZSIS) called the ZAMTROP.
Mwamba stated that Hon. Jones Chinyama, as a Magistrate in the subsidiary court, convicted and jailed Faustin Kabwe and Aaron Chungu in 2009 for theft and being in possession of money believed to have been stolen or unlawfully obtained from the ZAMTROP account. However, on appeal to the High Court, both men were acquitted by a panel of judges comprising Judge Betty Mungomba, Judge Mwila Chitabo and Judge Annessie Bobo-Banda.
Furthermore, Mwamba noted that Hon. Malila, as Attorney General, had previously sued former President Frederick Chiluba, Stella Mumba Chibanda, Faustin Kabwe, and Aaron Chungu in the London High Court over payments made in the ZAMTROP account. He argued that these previous actions by the two judges should have led them to recuse themselves from the case, as they were likely to be prejudiced and biased against the appellants, thereby robbing them of the right to innocence and a fair hearing.
Mr. Mwamba stated that he was surprised to learn that Hon. Malila and Hon. Jones Chinyama heard and determined a Supreme appeals case involving Stella Mumba Chibanda and 3 Others Vs The People, appeal nos. 418, 419, 420, 421 of 2013. He stated that Hon. Jones 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 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.
Mr. Mwamba stated that it was on record that Hon. 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. Furthermore, in his own official Curriculum Vitae, the Chief Justice cites his experience during this period when he was Attorney General in this manner, “Was in the frontline in the fight against corruption waged by President Mwanawasa’s administration, led a team of legal and foreign lawyers against high profile individuals, concluded high level agreements on behalf of the Government to the recovery of looted assets.”
Clearly the two judges should not have sat to hear and determine this case as they were largely prejudiced and biased as their previous roles because of their their established perceptions of the appellants and therefore robbed them of the right to innocence and a fair hearing.
Mr. Mwamba stated therefore that the failure by the two Justices to recuse themselves from hearing and determining this appeal exhibits gross misconduct and deliberately prejudiced the appellants and their action consequently undermined the integrity of the judicial process.
Mr. Mwamba stated that in his view, this was a clear breach under Section 3 of the Judicial Code of Act No. 13 of 1999. He has requested the JCC to set up a tribunal to investigate the complaint as the failure to recuse themselves depicted acts of impropriety, bias and professional misconduct. He has also called on the two Justices to be suspended until the matter was concluded.
The Appeals case of 2013 of Stella Mumba Chibanda, Dr. Katele Kalumba, Faustin Kabwe and Aaron Chungu Vs The People needed Hon. Malila and Justice Chinyama to have recused themselves. The four were charged with offences related to the corrupt practices under the Anti-Corruption Act no. 46 of 1996. In this case, former Minister of Finance, Katele Kalumba was accused of receiving a bribe of £4,000.00 to expedite payments to two USA based companies that had security contracts with the Zambia Intelligence Security Services ( ZISS). Stella Chibanda as Director External Resource Mobilizationand later Permanent Secretary received $28,000 and a farm as gratification to process these payments.
For More News And Analysis About Zambia Follow Africa-Press
