M’membe wants ConCourt to nullify Post liquidation

Post Newspaper founder Fred M’membe

Former Post Newspaper proprietor Dr Fred M’membe has petitioned the Constitutional Court over the High Court’s decision to quash the decision of the Judicial Complaints Commission which found justice Sunday Nkonde with a case to answer for professional misconduct.

Dr M’membe, who sued justice Nkonde and the Attorney General as the first and second respondents respectively, is seeking a declaration that the consent judgement declaring the post insolvent is null and void as the proceedings in which justice Nkonde obtained a stay were a nullity on account of want of jurisdiction.

Dr M’membe wants a declaration that the High Court did not have jurisdiction to hear and determine a matter relating to the exercise of the constitutional power by the JCC.

“The respondents then entered into a consent order quashing the ruling of the Judicial Complaints Commission finding justice Nkonde with a prima facie case in spite the clear provisions of the constitution making this court the only court with jurisdiction to hear and determine constitutional matters,” read part of the petition.

Constitutional court judge Martin Musaluke, who has been tasked to handle the matter has since set January 24, 2018 for inter parte hearing.

In this matter, Justice Nkonde obtained a stay after the commission found him with a case to answer for refusing to recuse himself from handling The Post liquidation case due to conflict of interest.

In his letter to the commission, Dr M’membe stated that it was gross misconduct for justice Nkonde to determine a matter involving The Post; a company he tried to destroy about five years ago when he commenced an action on behalf of Finance Bank which action appeared calculated to destroy the company and lead to its liquidation as part of a political scheme to silence the critical media.

         

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