by Zondiwe Mbewe on 12 Dec 2018by Thomas Mulenga on 11 Dec 2018by Sipilisiwe Ncube on 11 Dec 2018by Mirriam Chabala on 11 Dec 2018
- Goal Diggers
by Diggers Correspondent on 11 Dec 2018by Alex Chilumbwe on 9 Dec 2018by Alex Chilumbwe on 9 Dec 2018by Alex Chilumbwe on 9 Dec 2018
by Stuart Lisulo on 10 Dec 2018by Zindikilani Banda on 10 Dec 2018by Stuart Lisulo and Sandra Mulenga on 10 Dec 2018by Diggers Reporter on 6 Dec 2018
by Zondiwe Mbewe on 11 Dec 2018by Zondiwe Mbewe on 11 Dec 2018by Zondiwe Mbewe on 10 Dec 2018by Zondiwe Mbewe on 7 Dec 2018
- Editor's Choice
by Linda Kasonde on 10 Dec 2018by Gerald Pule Mulao on 27 Nov 2018by Mwenya Musenge on 23 Nov 2018by Joseph Lungu on 21 Nov 2018
by Diggers Editor on 11 Dec 2018by Diggers Editor on 10 Dec 2018by Diggers Editor on 9 Dec 2018by Diggers Editor on 6 Dec 2018
by Zondiwe Mbewe on 28 Sep 2018by Tenson Mkhala on 28 Sep 2018by Thomas Mulenga on 24 Sep 2018by Sampa Kabwela on 8 Sep 2018
- Guest Diggers
by Linda Kasonde on 12 Dec 2018by Linda Kasonde on 10 Dec 2018by Guest Digger on 5 Dec 2018by Obrian Ndhlovu on 4 Dec 2018
JCC asks Lungu to suspend judge NkondeBy Joseph Mwenda on 23 Nov 2017
The Judicial Complaints Commission (JCC) has asked President Edgar Lungu to suspend High Court judge Sunday Nkonde in order to pave way for investigations into how he handled the liquidation of The Post Newspaper.
A Judiciary official who explained the development to News Diggers! said following the recommendation from the JCC, president Lungu was obliged, in accordance with the Constitution, to suspend judge Nkonde within 7 days.
“It is true and of course this is in relation to professional misconduct in the manner he handled the liquidation of The Post. So, a few days ago, the JCC made a recommendation to the President to suspend judge Nkonde because apparently, he refused to answer to allegations that were levelled against him by the shareholders of the Post,” the official who sought anonymity explained.
“One of the issues that were raised by The Post shareholders to the JCC were that judge Nkonde was biased towards the provisional liquidator of the company, to the extent that he had time to hear the lawyers representing the provisional liquidator, while he did not take time to hear the parties representing the shareholders.”
The official said judge Nkonde was also reported for failing to recuse himself, despite having had previous interest in seeing the closure of The Post.
“So the trouble now is that when the JCC sat, it found that the allegations raised against judge Nkonde, if substantiated, were in breach of section 3, section 4(1), section 5(1), section 6(1), and section 2(a) 9(5) and 10(a) of the judicial code of conduct Act number 13 of 1999, as amended by Act number 13 of 2006. This meant that, if proved, the allegations could warrant the removal of judge Nkonde from office. Again, this is according to the Constitution, I think Article number 143 and Article 144 as amended by Act number 2 of 2016,” explained the official.
The source narrated that when he was asked to exculpate himself, judge Nkonde declined, saying he was still presiding over the matter and could not pre-empt his rulings to the JCC.
“In his response, he just argued that the allegations against him were also submitted in his court and as such he could not pre-empt his rulings to the JCC. So, this forced the JCC’s decision that a prima facie case had been established against him because his explanation was not satisfying,” said the sources.
“Now, according to the Constitution, when the Judicial Complaints Commission establishes a prima facie case against a judge, it should submit a report to the President, and the President should, within 7 days from the date of receiving the report, suspend the judge from office. The Judicial Complaints Commission is then, within 30 days, of the judge being suspended from office, hear the matter in detail. That is where we are.”
President Lungu appointed Nkonde, a former Solicitor General, to the position of High Court judge in May 2016, along with eight others.
In counselling the appointees during a swaering in ceremony on June 14, 2016, President Lungu said the public had a bad perception against some judges because they had questionable conduct.
“I hope that you will be equal to the task and will be able to execute your duties within their professional ethics, because that is the only way that you will gain respect and support of the Zambian people. Many times, members of the public formed perceptions about the judges because of their conduct which did not conform to the norms,” said President Lungu.
The Post newspaper was closed down on June 21 and later forced into liquidation on November 2, 2016.
About Joseph Mwenda
Joseph Mwenda is a Zambian journalist experienced in political news writing, photography and video editing.
Email: joseph [at] diggers [dot] news
- Kasempa farmers plead for help from Tambatamba - 10 Dec 2018
- Govt single sources IMS to take over toll plazas - 7 Dec 2018
- Lungu has gone on short vacation – Amos - 30 Nov 2018
- I feel more at home in Kasama because Petauke is voting against PF – Lungu - 26 Nov 2018
- Mining companies must change LuSE perception by listing locally – Chibamba - 21 Nov 2018
- Police arrest Ndola women filmed torturing girl for sleeping with their husbands
- Our ConCourt is more dangerous than Zambians think
- Police warn, caution Kay Figo over 'pornographic' image
- Shelve your ambitions now, I am standing in 2021, Lungu tells PF
- Chill Edgar, forcing yourself on people will invite revolution – Shakas
Subscribe for email alerts
Weekly Most Digged
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
+26-097-7708285, 095-3424603, 096-5815078
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend