Africa-Press – Zambia. Lusaka lawyer, Chali Tresford has petitioned the Constitutional Court to squash the decision of both Judicial Complaints Commission (JCC) and President Hakainde Hichilema to suspend Justices; Anne Sitali, Mengeni Mulenga and Palan Mulonda as the actions were illegal and unconstitutional.
Below is the relief that Chali has demanded;
Your Petitioner, therefore prays that this petition may be allowed and that:
i) An interim order to stay the decision of the President dated 23d September, 2024 suspending judges Anne Sitali, Mungeni Mulenga and Palan Mulonda be granted.
ii)
An order of certiorari to remove into the Constitutional Court for purposes of quashing the decision of the President to accept the recommendations of the Judicial Complaints Commission to suspend judges Anne Sitali, Mungeni Mulenga and Palan Mulonda.
iii)
An order of certiorari to remove into the Constitutional Court for purposes of quashing the Report of the Judicial Complaints Commission together with its findings and recommendations to the President regarding judges Anne Sitali, Mungeni Mulenga and Palan Mulonda for being unconstitutional.
A declaration that the President’s suspension of the judges Anne Sitali, Mungeni Mulenga and Palan Mulonda is null and void ab intio.
vi.)
A declaration that the President suspension of judges Anne Sitali, Mungeni Mulenga and Palan Mulonda contravenes Articles 143 and 144 of the Constitution.
vii)
A declaration that the jurisdiction of the Judicial Complaints Commission to hear and determine complaints against judges does not extend to matters were a judge has interpreted the law.
viii.)
Costs of and incidental to these proceedings Any other relief that the court shall deem fit.
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