Malila defends Sakala and Chitengi re-appointment

Attorney General Mumba Malila on August 6 asked Ndola High Court Judge Munalula Lisimba to dismiss the petition against Chief Justice Ernest Sakala and Justice Peter Chitengi because their re-appointments did not need the ratification of the National Assembly because that was only applicable to new appointments.

This is in a case in which former Access Financial Services (AFS) directors, Aaron Chungu and Faustin Kabwe, through their lawyers John Sangwa and Associates, petitioned the High Court to remove the two from performing Supreme Court duties due to alleged over-age. The attorney general made the submissions yesterday before Mr Justice Lisimba when the matter came up for hearing.

This was in response to the petition that Mr Justice Sakala and Mr Justice Chitengi were above 65 years and were re-appointed by the republican president to continue serving as judges for a period not exceeding seven years in respect of each of them.

“The respondents accordingly deny most emphatically that Article 1 and Article 93 of the Constitution are violated by the non-ratification of the re-appointments of Mr Justice Sakala and Mr Justice Chitengi,” he said.

Malila further denied the allegation that Kabwe and Chungu’s right to a fair hearing before an independent and impartial court established by law was violated claiming that the court that heard their appeal of July 9 this year was not an established court by law.

“At all material times, the Supreme Court panels and high court benches in the judicature were legally constituted in accordance with the Constitution and other relevant laws,” he said.

He said all judges serve on terms and conditions clearly set out in the law and that the petitioners were not entitled to any of the relief they were seeking. Malila said the orders prayed for by the petitioners that Mr Justice Sakala and Mr Justice Chitengi should vacate their offices would be an attempt to suspend Supreme Court judges outside the provisions of the Constitution.

“The order that Mr Justice Sakala and justice Chitengi must vacate office will be contrary to the provisions for the removal of a judge as set out in the Constitution, which require setting up of a tribunal when the question of removal of a judge arises,” he said.

Malila said Kabwe and Chungu’s action to seek the removal of Mr Justice Sakala and Mr Justice Chitengi was not only unprecedented but was designed to cause a Constitutional crisis, and was contrary to every conceivable way to public interest.

Deputy chief State advocate, Joe Simachela said the allegations against Mr Justice Sakala and Mr Justice Chitengi were false and malicious.