Set aside judge Nkonde judicial review, State
By Staff Reporter
THE State has submitted before the Lusaka High Court that the case in which judge Sunday Nkonde is challenging his removal through a judicial review is before a wrong court and should be set aside.
In this case, judge Nkonde was granted leave to challenge the Judicial Complaints Commission’s decision of November 14, 2018 where they asked the President to suspend him after the Commission found him with a case to answer in the way he handled applications made by Post Newspapers Limited representatives in the liquidation case.
This was the second time judge Nkonde was found with a prima facie case but blocked it after Lusaka High Court judge-in-charge Gertrude Chawatama granted him leave which acted as a stay of the decisions by the JCC.
In the earlier case that was at the Kitwe High Court, judge Nkonde entered a consent with the Attorney General.
And according to an affidavit in support of summons for an order to set aside ex parte order for leave to apply for judicial review filed in court, senior State advocate in the Attorney General’s chambers Chibesa Mulonda stated that the court record would show that judge Nkonde was challenging the process of his removal as judge of the High Court.
He stated that the procedure relating to the removal of a judge was governed by the Constitution of Zambia.
Mulonda stated that he verily believed that judge Nkonde’s application seeks an interpretation of the provisions of the Constitution in so far as they relate to the removal of a judge.
He submitted therefore, that it was before the wrong court and should be set aside.