Solicitor General Abraham Mwansa has asked the Constitutional Court not to entertain the petition in which former Post Newspaper in liquidation Fred M’membe wants the court to declare that the High Court in Kitwe did not have jurisdiction to hear and determine a matter relating to the exercise of constitutional powers by the Judicial Complaints Commission (JCC) which found Judge Sunday Nkonde with a case to answer for gross misconduct.
The JCC found Judge Nkonde with a case to answer in the manner he handled the matter involving the Post Newspaper in liquidation, case in which Dr M’membe was dragged to court by the Zambia Revenue Authority (ZRA ) who were demanding for a payment of tax liabilities.
In the same matter Dr M’memhe was also sued by his former employees who are demanding for their remuneration.
When the matter came up in the Constitutional Court before justice Martin Musaluke,Mr Mwansa has asked the court not to entertain Dr M’membe’s petition because the court has no jurisdiction to entertain the petition as the same ought to be dismissed with costs.
Mr Mwansa has submitted that his application is pursuant to Order 9 Rule 20 and supported by an affidavit filed on March 27 this year were four grounds were raised.
In arguing to the grounds Frederick Imasiku Deputy Chief State Advocate has argued that the JCC is a creature of statute with obligations of discharging its mandate under the provision of the judicial conducts Act which demonstrates that as a creature of a statute it is amenable to oversight by the judicial Arm of government Vis a Vis of law.
He further submits that it is their position of the court that any action undertaken by the JCC can be subjected to judicial review.
In addition Mr Mwansa also submitted that the High Court was properly served with jurisdiction to entertain Justice Nkonde’s application by way of judicial review.
He adds that Dr M’membe is in court to purporting to set aside a consent judgment entered between Justice and the Attorney General but that indeed it is tribal that a consent judgment of order can only be set aside by way of commencing a consent judgment that is settled though in this jurisdiction a none party to a consent judgment cannot purport to set aside a consent judgement.
In response Dr M’membe through his lawyer Nchima Nchito has argued that it is not in dispute that the JCC amenable is to oversight by the courts of law but however the question which gets an answer is which court or courts? as the JCC is not a creature of ordinary statute ,the JCC is a creature of the constitution as amended.
The matter stands adjourned to a later date.