Dismiss Nkonde’s petition,AG Tells Concourt

Hannock Kasama-Attorney General MULILO KABESHA has called for the dismissal of a petition where Industrial Relations Court Judge SUNDAY NKONDE has claimed that the Judicial Complaint Commission is interfering in his discharges of judicial duties.

In a petition filed in the Constitutional Court Judge NKONDE is displeased with the decision by the Judicial Complaint Commission to re-hear a complaint by Former Editor of the defunct Post Newspaper FRED M’MEMBE in a manner he handled an interloc
tory matter pertaining to the Liquidation of the paper.

However, Mr. KABESHA has submitted that the Judicial Complaint Commission’s probe against Judge NKONDE was not anchored on the complaint by Dr. M’MEMBE but whether or not he breached the Judicial Code of Conduct Act.

Mr. KABESHA has further submitted that the Judicial Complaint Commission as pursuant to articles 143 and 144 established a Prema Facie against Judge NKONDE as he did not exculpate himself before the commission.

He has submitted that the Judicial Complaint Commission cannot be fettered to launch a probe in the conduct of a Judge even though the case he is presiding upon has not been concluded.

Mr. KABESHA has also submitted that Judicial Complaint Commission has a prerogative to recommend the removal of the Sitting Judge

Meanwhile in his petition Judge NKONDE has sought the Constitutional Court’s ruling on whether or not the Judicial Complaint Commission breached the constitution by re-hearing the complaint by Former Editor of the defunct Post Newspaper FRED M’MEMBE in an i
terlocutory matter pertaining to the Liquidation of the paper in 2016.

The petition was filed last month.

Judge NKONDE has contended that the Judicial Complaint Commission acted despite the guidance by the Lusaka High Court’s Judgment of 2018 that investigation over the manner the judge has handled cannot be launched before the conclusion of the proceedings.

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