Africa-Press – Zambia. President Hakainde Hichilema has, acting on the recommendation in the report presented to him by the Judicial Complaints Commission, suspended Judge Timothy Katenekwa from the office of judge
of the High Court for Zambia with Immediate effect. The suspension of the said puisne judge Is in exercise of the powers vested in the President tn Article 144 (3) of the Constitution of the Republic of Zambia.
This was an earlier report; JUDGE KATENEKWA FORCED TO RETIRE …but he is under pressure to render adverse judgment against the Patriotic Front… Lusala High Court Judge Timothy Katenekwa, who recently granted an order to the Patriotic Front to subpoena the Registrar of Societies, has been forced to retire.
The former Registrar Thandiwe Phiri-Mhende, on the basis of Judge Katenekwa’s order, released the list of Patriotic Front Office Bearers that showed that the Speaker of the National Assembly, Nelly Mutti, made unconstitutional changes on the removal of Brian Mundubile as leader of the Opposition in Parliament and Stephen Kampyongo as Opposition Whip, without basis as the office bearers remained the same.
Katenekwa was placed under so much pressure that old cases where he is alleged to have failed to deliver six judgments, were revived and quickly brought to the Judicial Complaints Commission (JCC).
An urgent hearing took place in November 2023 during the period that Katenekwa should have heard the matter regarding the Patriotic Front. It is understood that the JCC has since found Katenekwa liable and the Commission has written a letter to the President recommedning his dismissal.
Katenekwa recognising the maneuvers to remove him, has chosen to tender in a letter of resignation or retirement since he is due to retire in January 2024. He wrote to the Chief Justice, Mumba Malila informing him of his decision to retire.
However Malila responded in a letter to Katenekwa reprimanding him for writing to what he deemed a wrong authority. He advised Katenekwa to tender his request to the President.
Since then there are intervening manouvres led by JCC Commissioner and lawyer from Jack Mwiimbu and Partners, Mr Chad Himoonga Muleza, to allow Katenekwa to retire peacefully but allegedly on condition that he renders an adverse judgment against the Patriotic Front.
A Lusaka businessman, Misheck Chatora, who has submitted various complaints against judges submitted a letter of complaint to the JCC. In a letter dated December 05, 2022, addressed to the Chief Justice Chatora raised more allegations against judge Katenekwa and lawyers who represented Zambian Breweries against his company Maritime Freight and Forwarding Limited.
“Further to my letter dated 3 1 st October 2022 regarding the above subject matter, I wish to bring it to your attention the conduct of Judge T. Katenekwa and Richard Ngulube, the lawyer representing Zambian Breweries in this matter,” Chatora stated in part.
He stated that when the matter commenced on November 28, 2011, Judge Katenekwa granted his company an ex-parte order of interim injunction on the same date and that the inter-parties hearing was on December 2011, and the ruling on the same was delivered on April 13,2012, but that what shocked him prior to the injunction.
He claimed that he drove to the High Court incognito in his operations manager’s car and packed near Ngulube’s vehicle which he said had windows open and that he heard Ngulube
asking the Judge’s marshal: “Upto now? The judge has not concluded writing the ruling?” Chatora wondered how Ngulube became aware that the judge was writing a ruling for him to even travel to Ndola, claiming further that while sniffing on Ngulube they noticed that he also received a phone call from
Mwansa Mutimishi (the legal counsel for Zambian Breweries then) who, he said was asking why Ngulube had delayed picking the ruling in Ndola, and wondering how she knew that the Judge was writing the ruling.
He claimed that his friend who attended a meeting at Zambian Breweries in Ndola informed him that district manager North for Zambian Breweries Markhill Olemens
informed the meeting that the injunction that Judge Katenekwa had granted to Maritime. “My Lord just look at the sequence of events: Monday, 9th April 2012, Markhill informs the
meeting that the injunction was going to be discharged, Thursday 12th April 2012, the Registry informs Maritime staff that Richard Ngulube was in Ndola and in constant touch with Judge Katanek wa’s marshal, Friday, 13th April 2012, judge Katanekwa discharges the injunction,” Chatora argued. He further claimed that on the day Annabelle Degroot, the managing director testified
before Judge Katenekwa in January 2016 in the Kitwe High Court, the matter had been adjourned for lunch from 13hrs to 14.30 hours,saying after he had rushed to the lavatory situated on the ground floor and as he walked back upstairs he overhead Tembo of Tembo and Ngulube associates telling Degroot that the letter which was signed by Mutimushi on October 10, 2011 was a big problem for Zambian Breweries and something needed to be done.
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