CONSTITUTIONAL Court judge Martin Musaluke has set December 11 for judgment in the case in which Dr Fred M’membe petitioned the court, challenging the Kitwe High Court’s decision to quash the Judicial Complaint Commission ruling which found High Court judge Sunday Nkonde with a prima facie case for professional misconduct.
Dr M’membe in this case cited judge Nkonde and the Attorney General. He wants the court to declare that the Kitwe High Court’s decision to quash the Judicial Complaint Commission (JCC) ruling, which found judge Nkonde with a prima facie case for professional misconduct after the judge and the Attorney General entered a consent agreement, was a nullity. Dr M’membe further seeks a declaration that the proceedings in 2017/HK/771 were a nullity on account of want of jurisdiction and that all actions taken on account of the proceedings in the case were null and void.
Judge Musaluke will deliver judgment in the matter at 09:00 hours. Dr M’membe has submitted that the JCC followed procedure provided for under Article 144 of the Constitution as amended to determine that there was a prima facie case of misconduct by judge Nkonde in the manner he handled The Post liquidation case.
He also submitted that the ConCourt was the correct forum to determine a petition in which he wants it to declare that the Kitwe High Court did not have jurisdiction to hear and determine a matter relating to the exercise of the constitutional power of the JCC on staying of the ruling that found judge Nkonde with a prima facie of impropriety in handling the liquidation case.