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 lucs 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 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 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 Judgement in the Lusaka Hihh 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.
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.”
Amb. Mwamba stated that 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 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 also called on the two Justices to be suspended until the matter was concluded.
But in response letter dated 15th February 2023, the JCC Secretary, Naisa Makeleta said the Commission had considered the matter and found that Mr. Mwamba had no loci standi in the matter.
But Amb. Mwamba stated that a serious complaint could not be dismissed using such flimsy reason. He expressed surprise that the Commission was not willing to pursue such serious allegations on the flimsy reason that he had no locus standi.
He said since he cimplained ad as a citizen, it was imperative that the Commission should have pursued the complaint for the benefit of promoting integrity and public faith in the Judiciary.
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