Africa-Press – Zambia. The Judicial Complaints Commission has dismissed a complaint against Chief Justice Mumba Malila SC stating that the complainant had no locus standi. In its sitting to consider a complaint brought to the JCC by Amb. Emmanuel Mwamba, the Commission stated that in terms of Section 27(1) of the Judicial Code of Conduct Act No. 13 of 1990, the Commission found that Amb. Mwamba had no locus standi in the matter.
Locus Standi is defined as the right or capacity to bring an action or to appear in a court or judicial body. On 16th January 2023, Amb. Mwamba filed the Complaint against the Chief Justice for alleged judicial misconduct.
Amb. Mwamba who is also a Patriotic Front Presidential Candidate filed a complaint against the Chief Justice of Zambia, Hon. Mumba Malila, for alleged judicial misconduct.
Amb. Mwamba accused Hon. Malila and Supreme Court Justice, Jones Chinyama of misconduct for their handling of an appeal case in which they should have clearly 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 judicial system is supposed to be the bedrock of our democracy. We cannot have a system where judges are not held accountable for their actions. The Chief Justice, Hon. Mumba Malila and Hon. Jones Chinyama are supposed to be upholding the law, but instead they are showing a lack of integrity,” Mwamba said.
The appeal case in question, involved 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.
Amb. 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 had also attempted to register the London Judgment in the Lusaka High Court.
Amb. Mwamba 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.
“I presented detailed evidence to the Commission of the unethical and judicial misconduct of the Chief Justice and Justice Chinyama. This action by the JCC to fail to hear such as a serious matter against the duo on the flimsy reason that I didn’t hold locus standi in the matter, robs the Judiciary an opportunity to inspire integrity, public faith and help restore credibility,” Mwamba said.
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