ConCourt Throws Out Banda’s Appeal

By Hannock Kasama

The Constitutional Court has thrown out a petition where Former High Court Judge JOSHUA BANDA was contesting his removal from office.

The Court has ruled that the Judicial Service Commission -JSC- acted within its mandate when it recommended the removal of Judge BANDA from his office.

The Constitutional Court has also dismissed Judge BANDA’s contention that the Judicial Service Commission had no legal basis to investigate corruption allegations prior to his appointment as High Court Judge and after being ratified by the National Assembly.

The Court said Judge BANDA was summoned to appear before the JSC in February 2022 and given an opportunity to exculpate himself on allegations of corruption.

The Court has held that a judge has no immunity against investigations on allegations before his or her appointment.

Meanwhile, the Constitutional Court has admitted that the Judicial Service Commission flouted article 144 of the Constitution by not presenting a prima facie report to President HAKAINDE HICHILEMA before recommending the removal of Judge BANDA.

The Court however maintains that the Judicial Service Commission’s recommendation of Judge BANDA’s removal was valid because he was culpable of corruption allegations levelled against him.

The Judgement has been delivered by Constitutional Court President MARGARET MUNALULA, sitting with ANNIE SITALI, MUGENI MULENGA, MARTIN CHISUNKA and JUDY MULONGOTI.

Judge BANDA was fired by President HAKAINDE HICHILEMA in May 2022, based on recommendations by the Judicial Service Commission.

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