The shameless attempt by the infamous Chikopa Tribunal to draw former Supreme Court Judge Philip Musonda into contention should be condemned by all law abiding citizens of this country.
Judge Musonda has quit in accordance with the constitution and cannot be compelled into any legal proceedings. His decision to resign should be respected by all, including the shameless and heartless cartel which would want him totally humiliated to protect their ill gotten wealth and stolen money by invalidating his judgment in matters they have been found culpable.
The constitution is very clear. Article 137 state very clearly that “Any person who is appointed or elected to any office established by this constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected.”
The constitution adds further that such resignation shall take effect when the writing signifying the resignation is received by the person or authority to which it is addressed.
Let it be very clear that the Tribunal cannot sit to try a Judge who has resigned. The Attorney General has said as much.
We have had precedents in this country where Judge Kabazo Chanda and DPP Mebelo Kalima resigned before their Tribunals sat. There is no reason why this should be different.
The President Mr. Michael Sata exercised his option in Article 98(3) by constituting the tribunal whose mandate was to consider the continued tenure of Judge Musonda on the bench.
Judge Musonda has accelerated the process by removing himself from the bench. End of matter.
On Professor Clive Chirwa…
The Anti Corruption Commission is becoming sickeningly predictable.
It had to wait for instructions from the cartel to frame a contrived investigation against Professor Clive Chirwa the embattled former Chief Executive of Zambia Railways, suggesting that he would be arrested on a corruption charge.
Where was the ACC before the cartel made the announcement about the charge and why should it always be the cartel to announce charges which the ACC was or was not investigating?
Zambians cannot be cheated any more.
The agenda and modus operandi of the ACC has become all too familiar, smacking of undue influence from the cartel.
The Government has retired Professor Chirwa, who must now be allowed to go back to his previous life.
The cartel must be satisfied that on behalf of their member they have managed to oust an innocent man whose worst mistake was to answer the call to return home and then take his work seriously thereby crossing the path of those that wanted to “eat.”