Finsbury Investments Limited has filed a complaint against Judge-in-Charge of the Lusaka High Court (Industrial Relations Division) Edward Musona before the Judicial Complaints Commission for alleged incompetence and misconduct.
The complaints relate to Judge Musona’s conduct when he served as judge-in-charge of the High Court (Commercial Division) and presided over a matter where Murray & Roberts Construction and Kadoura Construction had sued Mwenya Mukupa, Industrial Development Bank of South Africa and Finsbury Investments Limited.
In a similar matter, Murray & Roberts Construction Limited and Kadoura Construction had sued Lusaka Premier Health Clinic Limited and Finsbury Investment in the Lusaka High Court, Commercial Division.
Among the complaints raised by Finsbury Investments, Judge Musona is still presiding over the matter which is before the Lusaka High Court, Commercial Division, despite his redeployment to the Industrial Relations Court.
“…the Complainant believes the judge has misconducted himself as he failed to uphold impartiality contrary to section 3 of the Judicial (Code of Conduct) Act No 13 of 1999,” according to the January 9 letter by Finsbury Investments addressed to the chairperson of the Judicial Complaints Commission chairperson Vincent Malambo.
“He conducted (and has continued to) himself in a biased manner against the Complainant through oppressive appeal conditions and preferential treatment for opponents’ applications even where the Complaint’s application came earlier contrary to section 4 (1) of the Judicial (Code of Conduct) Act No 13 of 1999. The Judge exhibited incompetence and misconduct by his (i) failure to deliver Ruling on summons to set aside vesting order dated 20 June 2023 within a reasonable time (Ruling is still pending over 5 months).”
Finsbury Investments stated that Judge Musona failed to; “deliver a Ruling on application for stay of execution of judgment and/ or alternatively, rendering Ruling on same “vide” a belated letter under the hand of a court marshal designated to him”.
Finsbury Investments wondered why Judge Musona had continued to preside over a case in Lusaka High Court (Commercial Division) despite his relocation to the Industrial Relations Court.
“The Complainant believes the judge has misconducted himself by his failure to relinquish the record in relation to the Matter to the Commercial Court registry after being redeployed to the Industrial Relations Court,” Finsbury stated.
“The judge has misconducted himself by executing the order for committal for contempt against the Complainants and its advocates in a commercial court case on 18 December 2023 and condemning the Complainants and its Advocates to costs, before being heard,” stated Finsbury.
Article 143 provides that; “A Judge shall be removed from office on the grounds of either incompetence or gross misconduct”.
Kalemba January 12, 2023