PRESIDENT Edgar Lungu and High Court judge Sunday Nkonde are greedy men, they have no shame, says Regina Musokotwane.
And Musokotwane, the former Katombola UPND member of parliament, said judge Nkonde cannot resign on his own, giving an indication that he is not clean.
“In the first place, it is Lungu who should have fired judge Sunday Nkonde after Dr M’membe complained. I don’t know whether they are friends or they share money, I don’t know. But the first person we need to blame here is Lungu; he is a greedy man, these are greedy men, they have no shame, they have no integrity because if judge Nkonde had integrity, he would have stepped down to allow investigations to be carried out,” Musokotwane said.
“If you are innocent, why hang on to something that you know they will
find you to be clean? But because he knows that when they investigate,
he will be found not to be clean hence hanging to the position.”
She added that the judiciary should be above board and protect
all Zambians regardless of political affiliations.
“We must be treated as Zambians. So we want our judiciary to have
integrity to treat Zambians with all fairness required by the rule
of law. We have had a lot of cases in this country, the MMD had
presidents Chiluba, Mwanawasa, and Banda but for the first time, we are seeing bad things happenings in the judiciary. Things we have never seen are happening in our judiciary. What has gone wrong in the system? Is it greediness? They want money? The English people have a saying that: ‘A good name is better than riches’. I don’t think that they are enjoying that money. So my advice is that can the judiciary must be above board,” said Musokotwane.
Veteran journalist Dr Fred M’membe has reported judge Nkonde to the Judicial Complaints Commission for alleged gross misconduct in the Post liquidation matter.
Dr M’membe earlier wrote to Chief Justice Ireen Mambilima and judge-in-charge of the commercial court asking that judge Nkonde stops presiding over the matter between Post Newspapers Limited and Andrew Chiwenda and four others.
In his letter to the Judicial Complaints Commission (JCC) dated February 10, the celebrated journalist, who owned Post Newspapers Limited, stated that it was gross misconduct for judge Nkonde to sit to determine a matter involving a company he tried to destroy a mere five years ago.
He stated that in spite of not having been eligible to hear the Post matter, judge Nkonde had committed a number of grave due process and procedural aberrations in the current case before him, proving his animus and bad faith towards The Post.
“Justice Nkonde approved a provisional liquidation and appointed a provisional liquidator ex-parte in a matter where the petitioners did not provide the mandatory statutory debt demand notice, that is required by law before a winding up petition can be filed,” Dr M’membe stated.
“Judge Nkonde allowed Mr [Lewis] Mosho, the provisional liquidator to then appoint his firm, Messrs Lewis Nathan Advocates (himself) and Messrs Palan & George Advocates to replace Messrs Nchito & Nchito in representing Post Newspapers Limited in challenging the liquidation. How can lawyers appointed by the provisional liquidator represent [the same] company in challenging the same provisional liquidator? Not surprisingly, the syndicate of Mr Mosho and his fronts have withdrawn the company’s challenge to the liquidation with the tacit approval of the judge.”
He further stated: “In another ex-parte move, justice Nkonde has granted leave to commence contempt proceedings against Messrs Nchito & Nchito for allegedly acting for Post Newspapers Limited and halted hearing of all the applications challenging the appointment of Mr Mosho as provisional liquidator when as can be seen below, he is hearing other applications made by Mr Mosho and his syndicate of lawyers, including his own firm. The judge casting the proverbial nelsonian eye has allowed Mr Mosho to represent The Post in an action where Mr Mosho is being challenged by The Post. How is this conceivable at law? Judge Nkonde has to date not granted or heard any applications made by lawyers not affiliated to the provisional liquidator, Mr Mosho, and yet almost every application by the parties affiliated to Mr Mosho have been heard and in most cases granted orders ex-parte. Judge Nkonde, having been made aware that Mr Lewis Mosho is barred from appointment as a liquidator and therefore not a fit and proper person to be provisional liquidator because he was removed from the office of receiver in Platinum Gold Equity and Others V Development Bank of Zambia 2015/HPC/0097 has refused and or neglected to deal with the said disqualification.”
Earlier, economist Dr Cosmas Musumali called for investigations against judge Nkonde for obtaining K2.5 million from Tedworth Properties account, which the Supreme Court recently ruled that it was rightfully forfeited to the State./SM/JC