This comes just months after another clique of PF surrogates demanded the removal of Chief Justice Irene Mambilima after she advised judge High Court judge Sunday Nkonde to recuse himself from handling The Post liquidation case.
In the latest development, PF sympathiser Chanoda Ngwira has given Justice Malila and Justice Wood five days to step down or face private criminal prosecutions.
Chanoda wrote separate letters on Thursday, addressed to Supreme Court judges, Mumba Malila and Albert Wood, giving them five days to voluntarily step down as judges for accepting to act as witnesses on behalf of Mutembo Nchito in the matter where he’s challenging his removal as Director of Public Prosecutions in the Constitutional Court.
Chanoda noted that judge Malila had voluntarily taken up a role as a witness on behalf of Mutembo against his appointing authority, the government of Zambia.
“You have voluntarily and without any order of court compelling you to do so, taken up a role of a witness on behalf of Mr Mutembo Nchito against your employer and appointing authority, the government of Zambia. From your witness statement file in the Constitutional Court, you confirmed having served as Attorney General, at which time Mr Mutembo Nchito was also DPP,” read the letter.
“A perusal of your statement shows that you have disclosed information that you validly acquired by virtue of your office as Attorney General without any order of court directing you to do so and without any authority of the President.”
Chanoda noted that section 5(4) of the judicial code of conduct Act prohibited judge Malila as a judicial officer, from acting as a witness.
“You shall agree with me that your taking up the role of a witness in the character case of Mr Mutembo Nchito is a breach of section 5(4) of the judicial code of conduct Act and amounts to an offence of disobedience of statutory duty contrary to section 126 of the penal code chapter 87 of the laws of Zambia. I further wish to bring to your attention that while you were holding the office of the Supreme Court judge, your late spouse was clearly involved in politics and served as Chilanga Council Chairperson which you allowed contrary to the spirit of the said judicial code of conduct,” read the letter.
He gave judge Malila a five-day ultimatum to voluntarily step down as a Supreme Court judge to allow investigations into his conduct saying that if he did not step down within the said period, he shall, as a concerned citizen, commence criminal proceedings by private prosecution against him for the relevant offences.
And in a separate letter addressed to judge Albert Wood, Chanoda equally gave the judge a five-day ultimatum to voluntarily step down as a Supreme Court judge, reiterating his earlier submissions in judge Malila’s letter.
Chanoda is a PF and government sympathiser who, in the recent past,w rote a letter to the Ministry of Foreign Affairs over British High Commissioner to Zambia Fergus Cochrane-Dyet’s tweets, demanding that he exculpates himself.
At another point, Chanoda who flaunts himself on social media as a close associate of the the Head of State, wrote that the Chief Government Spokesperson Dora Siliya was ‘a snake within the ruling party’, adding that her conduct was exposing President Edgar Lungu.