Judge Nkonde spot on - lawyer

By CHARLES MUSONDA HIGH Court Judge Sunday Nkonde was on firm grounds when he refused to respond to the Judicial Complaints Commission (JCC)’s request for him to respond to Fred M’membe’s complaint, a senior Lusaka-based constitutional lawyer has said.

In an interview in Lusaka yesterday, Hobday Kabwe it would have been highly irregular for Mr. Justice Nkonde to become a respondent in a matter that was already before his court.

“The Judge was firm in the manner that he responded to the complaint at JCC. The reason is that he cannot be a respondent in a matter on which he ought to give a ruling in his own court. That is highly irregular and should not be encouraged.

“This is abuse of available methods of lodging complaints. If the matter is in court and the court has made a decision, the remedy is to appeal against that decision. Going to the JCC is not an appeal in itself,” Mr. Kabwe said.

He said going to another forum, which had no capacity to change or overrule what has been decided by the High Court Judge, was like forum shopping.

“It is ridiculous for anyone to rush to the JCC and multiplicity of actions using the same grounds and facts that are already in court should be discouraged. The Judge was judicious because he cannot become a respondent in a matter where the same people who were appearing before him, lodge a complaint against him at another forum. That is being ridiculous and multiplicity of actions using the same facts and grounds is denting the Judiciary’s image.

“Fred M’membe has realised that what he did in the (Lovemore) Chikopa case was wrong by writing straight to then President the late Michael Sata. Now that the man in State House understands and follows the law, they have started forum shopping and this should be discouraged because forum shopping is unacceptable.

“If one is dissatisfied with the formidable ruling Justice Nkonde made, the avenue is to appeal to the Supreme Court and not to begin to pretend that you can go to the Judicial Complaints Commission to overrule what has been decided in the High Court or to get the Judge suspended on the same issues that are subjudice. The Judge is not reasonably expected to respond to a matter that is subjudice. That is abuse of judicial processes. I am glad that President Lungu has formed an opinion which I agree with,” Mr. Kabwe said