Power and Politics

Archbishop Mpundu lambasts justices for frustrating judicial processes

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Our Civic Duty Association (OCIDA) says it is gravely concerned with the conduct of the judiciary in politically sensitive cases.

Emeritus Archbishop Telesphore Mpundu, the OCIDA Chairperson, cited the case involving the Patriotic Front (PF) and its Matero Member of Parliament, Miles Sampa.

Mpundu, in a statement issued in Lusaka on Tuesday, noted that this stemmed from the illegal convention that was allegedly facilitated by the State on October, 24, 2023.

He stated that the conduct of two justices in particular, judge Timothy Katanekwa and judge Chocho Situmbeko, deserved special mention because it left much to be desired and risked leaving the integrity of the judiciary in tatters.

“Despite knowing the urgency of the political cases they are handling, these justices have constantly adjourned the cases,” Mpundu noted.

He claimed that the two judges were consequently helping to prolong the state of lawlessness that had affected parliament and risks undermining the multiparty character of the Republic.

Mpundu called on Chief-Justice, Dr. Mumba Malila, to take interest in the cases so that they are concluded timely.

“As head of the Judiciary, the buck ultimately stops with him. Our call is extended to the case recently filed in the High Court by John Sangwa against Sampa on behalf of nine affected members of the PF,” he advised.

The clergyman stated that the outcome of the case had important consequences on the constitutional order, including its democratic character.

Mpundu appealed to Malila to take close interest in the matter and ensure that it was concluded in a well-judged and timely manner.

“One way of doing this is by making sure that justices Situmbeko and Katanekwa are kept away from the latest case since they have already shown a disturbing lack of urgency in handling these cases,” he said.

Read More: ‘Time to redeem your image,’ judiciary workers tell newly appointed constitutional judges

Mpundu proposed that the Chief Justice should consider invoking his constitutional powers as an ex-officio judge of the High Court, which allowed him to sit as a High Court judge and hear the matter himself.

He cited Article 133 of Zambia’s constitution provided that “There is established the High Court which consists of the Chief Justice, as an ex-officio judge, and such number of judges as prescribed.

“Former Chief Justice Mathews Ngulube used to invoke these powers under the rule of the Movement for Multi Party Democracy (MMD) especially on time sensitive matters and those whose outcome had a huge bearing on the integrity of the Judiciary.”

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