by Julia Malunga on 13 Nov 2019by Ulande Nkomesha on 13 Nov 2019by Julia Malunga on 13 Nov 2019by Natasha Sakala on 13 Nov 2019
by Natasha Sakala on 13 Nov 2019by Julia Malunga on 12 Nov 2019by Stuart Lisulo on 11 Nov 2019by Mirriam Chabala on 8 Nov 2019
by Diggers Correspondent on 13 Nov 2019by Zondiwe Mbewe on 13 Nov 2019by Zondiwe Mbewe on 13 Nov 2019by Zondiwe Mbewe on 13 Nov 2019
- Goal Diggers
by Abraham Kalito on 13 Nov 2019by Mazuba Muleya on 7 Nov 2019by Mazuba Muleya on 7 Nov 2019by Abraham Kalito on 7 Nov 2019
by Diggers Editor on 13 Nov 2019by Diggers Editor on 12 Nov 2019by Diggers Editor on 10 Nov 2019by Diggers Editor on 9 Nov 2019
- Guest Diggers
- Editor's Choice
by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
by Natasha Sakala on 8 Nov 2019by Felix Kashweka on 4 Oct 2019by Diggers Correspondent on 28 Sep 2019by Douty Chibamba on 25 Sep 2019
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 is experienced in political news writing, photography and video editing.
Email: joseph [at] diggers [dot] news
- High Court refuses to stay defamation proceedings against Fresher Siwale - 11 Nov 2019
- Lungu fires new FIC board chair Siame - 11 Sep 2019
- Findlay drug allegations shake State House as Lungu orders probe - 11 Sep 2019
- Lungu must address debt, loadshedding, mealie meal prices in Parley address – CSPR - 10 Sep 2019
- Don’t ask for credit, find who owns 48 houses, APNAC challenges ACC - 9 Sep 2019
- There’re 2 Lungus in State House, we met them both (12,003 views)
- Electoral violence inquiry report implicates Mumbi Phiri, Frank Bwalya, Mwata Kazembe (4,932 views)
- DEC summons Amos Chanda for questioning (4,742 views)
- I'm at the bottom but God has a plan, says Mutati as Nevers meets Lungu (3,997 views)
- Lungu pardons Sinjela, 4 others on his 63rd birthday (2,565 views)
- I'm at the bottom but God has a plan, says Mutati as Nevers meets Lungu
- HH among directors of company seeking to mine in Lower Zambezi - Musukwa tells parley
- Govt cancelled presidential jet purchase due to austerity measures – Wina
- ConCourt ruling on ex-ministers different from my 2021 eligibility, this one is questionable - Lungu
- South African parliament debates Zesco debt to Eskom
Subscribe For News In Email
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend