JCC must release report on 3 ConCourt judges, demands UPND

UPND spokesperson Charles Kakoma during press conference in Lusaka-picture by Tenson Mkhala

UPND spokesperson Charles Kakoma has demanded that the Judicial Complaints Commission should immediately release a report on the complaint filed by members of the public against three Constitutional Court judges.

In a statement today, Kakoma stated that the three ConCourt judges should be held accountable for making the public lose confidence in the Judiciary.

“As you may be aware, several members of the public made submissions related to corruption, biasness, incompetence and unprofessionalism allegedly committed by three Constitutional Court judges, namely: Anne Mwewa Sitali, Palani Mulonda and Mulenga Mungeni to the Judicial Complaints Commission (JCC) during and after the 2016 election. The complainants appeared before the Commission and submitted their evidence,” Kakoma stated.

“So far no report has been released and we wonder why this commission which is drawing allowances from tax payers has decided not to release the report to date. We, therefore, in the interest of the public demand that this commission releases the report on the complaints filed against the said 3 constitutional court judges with immediate effect.”

Kakoma stated that failure by the commission to release the report in time would create leeway for people to conclude that the commission was working with the said judges.

“If the commission will not do so, we will conclude that it is also protecting the 3 constitutional court judges who citizens accused of being corrupt, incompetent and unprofessional. We strongly call on the commission not to fall prey to being called as another corrupt and unprofessional body that is there only to defend or conceal complaints against judicial officers. The country is well aware that it is because of the uncoordinated behavior of the three (3) constitutional court judges that literally led to our Nation degenerating into political tension,” he stated.

“It is unfortunate that the commission which receives complaints against its officers should delay or conceal such a report. We call upon all well meaning Zambians to join us in asking the Judicial Complaints Commission to release the report on the three (3) constitutional court judges who should be held accountable for making the public lose confidence in the judiciary.”

Kakoma stated that the judges failed to deliver timely justice in the UPND petition against President Edgar Lungu’s failure to hand-over power to the Speaker when the presidential petition was filed.

“How can one describe judges that fail to deliver justice in and on time when matters are filed before them; matters such as the President handing over power to the speaker when a presidential petition is filed in? This is what the constitutional court judges failed to do in 2016. Up to now, the court has not ruled on a UPND application on why the sitting President did not hand over power to the Speaker of the National Assembly when the Presidential election petition was lodged in the Constitutional Court one year ago,” stated Kakoma.

“What the Constitutional Court has done is to rule on another case brought by General Godfrey Miyanda. But even in the Miyanda case, the Constitutional Court failed to provide remedies after establishing that constitutional provisions were breached. What should happen to people that breach the Constitution? The constitutional court is silent in its ruling in the Miyanda case. When UPND asked them to guide on the same in 2016, they failed to do so. If that is not being incompetent or corrupt, then what is it? The Judicial Complainants Commission must therefore release the report on the 3 Constitutional Court judges who the public have complained against.”

         

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