The hearing of the Complaint by Green Party President Peter Sinkamba which was Submitted to the Judicial Complaints commission for the Removal from Office the Five Constitutional Court Judges who Presided over the Presidential Petition Filed by UPND Leader Hakainde Hichilema and His Vice Geoffrey Bwalya Mwamba has come to a Close.
The Commission has been Hearing Complaints against the Judges in Camera since February this Year (2017).
The Judges Cited for Removal include Judges Hilda Chibomba, Mungeni Mulenga, Annie Sitali, Margret Munalula and Palan Mulonda.
Mr. Sinkamba and His Vice President Clement Tafeni have been representing the Green Party at the Hearing of the Complaint.
In his Closing Written Submissions, Mr. Sinkamba has Submitted Six Grounds for the Removal of the Judges which Comprise the issue of Public Protests by Lawyers representing the Petitioners and Respondents on Account of Incoherent or Failure to Interpret Article 101(5) of the Constitution within Reasonable time; Breach of the Constitution through Flip-Flop or Incoherent Decisions as Evidence of Incompetence Contrary to Article 143(b) of the Constitution; the issue of Trust Visa-Viz Rule of Law and Danger to Democracy; Self-Confessions of not being Trusted by Parties as Proof that the Judges brought Court into Disrepute, Ridicule and Contempt Contrary to Article 143(c) of the Constitution; Failure to make a Pronouncement on the Hand-Over of Power to Speaker in Relation to Article 104(3) and 98(1) of the Constitution as Proof of Incompetence Contrary to Article 143(b); and Exhibits from Publications being Proof that the Court has been Brought into Disrepute, Ridicule and Contempt Contrary to Article 143(c) of the Constitution.
Mr. Sinkamba has Submitted that the Commission Finds all the Judges Cited Culpable of Bringing the Judiciary and Constitutional Court into Disrepute, Ridicule and or Contempt Contrary to Article 143(c) as Alleged.
He has further Submitted that the Commission Finds the Judges Culpable of Incompetence Contrary to Article 143(b).
In closing, he has Submitted that on the basis of the Six Grounds, the Commission finds this as Sufficient and Irrefutable Evidence to Recommend to President Edgar Lungu the Suspension, and Ultimate Removal of the Judges from Holding Office of Judge of the Constitutional Court.
MARCH 28, 2017