Chikopa Tribunal proceeds despite hiccups

Malawi Supreme Court Judge Justice Lovemore Chikopa-headed tribunal in Zambia, to probe alleged professional misconduct of suspended Supreme Court judge Philip Musonda, proceeded on Monday despite receiving a communiqué about Musonda’s unavailability.

The tribunal listened to one witness in the morning that was called to testify by the Attorney General, reported The Lusaka Times on Monday. Another witness was expected to testify before the tribunal in the afternoon.

The online publication reported that Judge Chikopa revealed at the beginning of the sitting that Musonda and his team who were to be heard had sent a written communication stating that they would not be in attendance following the pending judicial review of their stay, which was to be tabled before High Court in Lusaka.

But Chikopa said the tribunal, with or without the defence, will proceed with the enquiry into the complaint as there was no stay from the court to restrain the tribunal from proceeding.

He noted that as things stand, the court proceedings over the judicial review do not in any way interfere with the tribunal proceedings and vice versa hence the reason for the tribunal to proceed, reported the online publication.

Chikopa told the tribunal that it will not force any party to attend its sittings as they have the rights to either attend or not and added that the tribunal has a mandate to enquire into the complaint in a fair and expedient manner and make recommendations.

The Malawian Judge noted that the resignation of Musonda is not an issue before his tribunal and wondered who had instructed them to not take part in the tribunal as there was no stay of any sort to stop the proceedings of the case.

Zambian Attorney General Mumba Malila, who was availed with the written communication from Musonda, which further asked the tribunal not to proceed with the sitting because of a pending judicial review from the High Court, noted that there was no stay yet to stop the proceedings.

Musonda filed for judicial review to stop the tribunal from proceeding against him over his alleged professional misconduct.