THE Lusaka High Court has lifted a stay filed by Judge Sunday Nkonde preventing the President from suspending him to pave way for his suspension and investigation of his alleged misconduct, following recommendation from the Judicial Complaints Commission (JCC) in 2018.

This a matter in which Judge Nkonde, as an applicant, challenged the Commission’s decision of 14th November 2018 in which it found a prima facie case of misconduct against him.

The Attorney General was the Respondent.

In his application for stay, Judge Nkonde sought an order of certiorari to quash the decision by the Commission and that he be heard in accordance with the provisions of the law as the issues complained about to the commission were before the Constitutional Court.

He stated that the JCC failed to appreciate that the issues complained about him were active before the Constitutional Court, failed to separate the investigative and adjudicative process of the court and the Judicial Complaints Commission failed to comply with basic tenets of the rules of natural justice.

Justice Chawatama in her ruling dated 9th November, 2020 lifted the stay which protected judge Nkonde from being suspended and ordered that both parties bear their own costs.

“I agree with the Respondent that the removal of a judge is governed by the Constitution of Zambia. The ex-parte leave granted to the applicant is hereby discharged. The reason for the discharge is that I am fully persuaded that the main matter is bound to fail. Leave to appeal is granted. Each party to bear its own costs,” ruled the judge.

It remains to be seen whether President Lungu will suspend Judge Nkonde I’m accordance with the Constitution.