THE three suspended Constitutional Court judges have gone to Court to stop their disciplinary hearing for professional misconduct slated for Monday, September 30.
On Tuesday President Hakainde Hichilema put judges Ann Sitali, Mungeni Mulenga and Palan Mulonda on ice, following recommendations from the Judicial Complaints Commission to pave way for an investigation.
The judges were reported to the JCC by Moses Kalonde in the manner they handled the 2016 presidential election petition, as it was thrown out without being heard, on the premise that the 14 days in which to determine it had elapsed.
However the trio argues that, the matter was already decided upon.
The judges have since applied for leave to commence Judicial review proceedings against the State pursuant to order 53 Rule 3(2) of the Rules of the Supreme Court of England (RSC), 1965, (1999 edition) volume 1 and 2.
Judge Sitali and her colleagues are seeking an order staying their hearing before the JCC next week.
The three want the High Court to order that the proceedings before the JCC are illegal, a nullity and void ab inittio on grands of res judicata or estoppel.
They want an order of certiorari to quash the recommendation of the JCC for their suspension and to re-open a case relating to the president petition by President Hakainde Hichilema and Geoffrey Bwalya Mwamba versus Edgar Lungu, of 2016.
Judge Sitali and others said the issues raised in complaint no. 2024/JCC/076 were heard and determined in a complaint made to the Judicial Complaints Commission in 2016 under cause numbers 2016/JCC/77, 2016/JCC/80, 2016/JCC/81, 82, 84 and 87.
The trio also wants the decision of the JCC to be quashed for re-opening Kalonde’s case, based on an alleged prima facie case of incompetence or misconduct arising from a complaint by Kalonde on grounds that it raises new issues when in actual fact the said issuers were res judicata.
By Mwaka Ndawa
Kalemba September 27, 2024.
