M’MEMBE AT IT AGAIN
Dear Editor,
When will Fred M’membe learn that he is not above the law?
When the matter of the Development Bank of Zambia loan came for adjudication in the High Court, he together with his friend Mutembo Nchito managed to convince then President Michael Sata to suspend three judges to facilitate investigations by a Tribunal chaired by Malawian Judge Lovemore Chikopa.
Clearly the intention was to delay the proceedings in court where matters involving the irregular procurement of public funds by the Post newspaper and Zambian Airways in which Nchito and M’membe were partners.
The judges were suspended and a Supreme Court Judge Philip Musonda subsequently retired from the bench. Eventually the Tribunal went nowehere and was dissolved leaving Judge Nigel Mutuna and Judge Kajimanga free to continue sitting on the bench.
Their mistake of course was handle the DBZ loan case.
This time round the same thing is happening. While the Post newspaper liquidation is still in court M’membe has gone to the Judicial Complaints Commission to seek the removal of the presiding justice, judge Sunday Nkonde.
It is ironic that Judge Nkonde is also presiding over the DBZ case. It is therefore not surprising that he is personally under attack.
The point however is that Fred M’membe cannot always be the man in the right while all other people are wrong. He must face justice like everybody else.
He has caused sufficient damage to many other people to be allowed to enjoy the luxury choosing the kind of judge who will hear his case. Nobody chooses the judge. He must accept his lot as determined by the judicial authorities. Judge Nkonde did not allocate himself the cases, he was assigned by officials who found him competent and capable.
It is therefore surprising that the JCC could not learn from institutional memory that Fred M’membe had brought up a similar matter which had created chaos in the courts of law.
Coming soon after the same JCC decided to interfere in the judgment of the Constitutional Court over the interpretation of 14 days in the Presidential petition. Where did they get the authority from? Are these matters connected by intent? OSWALD ZIMBA.