Concourt to hear M’membe’s case
THE Constitutional Court will on February 9th 2018 hear the matter in former Post Newspapers Limited (in liquidation) proprietor, Fred M’membe, has petitioned the Court over the High Court’s decision to quash the decision of the Judicial Complaints Commission (JCC) which found Justice Sunday Nkonde with a case to answer for professional misconduct.
M’membe sued Judge Nkonde and the Attorney General, alleging that the duo violated Article 1 (S) when they entered into a consent order quashing the ruling of the JCC that found Justice Nkonde with a prima facie on allegation of gross misconduct.
Mr M’membe is seeking a court order staying the decision of the High Court to quash the ruling of the JCC.
He also seeks a declaration to nullify the consent order in the High Court on account of want of jurisdiction, including the consent judgement of the High Court that declared the company bankrupt.
Mr M’membe claimed that his complaint to the JCC on February 10, 2017 was that it was gross misconduct that Judge Nkonde should sit and determine a matter involving a company he tried to destroy.
He claimed that by a ruling of November 10 2017, the JCC found Justice Nkonde with a case to answer and was to submit the report to the president within seven days but that the step was not taken.
Mr M’membe claimed that the Attorney General then commenced an action in the Kitwe High Court against Justice Nkonde questioning the constitutional actions of the JCC in finding Judge Nkonde with a prima facie case.
He alleged that the duo then entered in a consent order quashing the ruling in spite of the clear provisions of the constitution making the Constitutional Court the only court to hear and determine constitutional matters