Date Of Article: 3/27/2003
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Judges case goes for judicial review
By: Pilirani Semu-Banda
The Blantyre High Court on Thursday ordered that a judicial review should be conducted in the case in which Civil Liberties Committee (Cilic) is challenging the appointment of four new judges by President Bakili Muluzi. In the matter, Cilic lawyer Ralph Kasambara is challenging the appointment of High Court Registrar Healey Potani, former Law Society President John Katsala, High Commissioner to Zimbabwe Tujilane Chizumila and former Zomba Chief Resident Magistrate Esmie Chombo on the basis that the system used when appointing them is wrong and unconstitutional. The four were sworn in as judges by Muluzi at a function held at Sanjika in Blantyre last Friday. Judge Anaclet Chipeta gave the go-ahead for a judicial review after verbal submissions from Kasambara, accompanied by a written affidavit from Deputy Chief State Advocate Gaston Mwenelupembe challenging the appointments. Court records showed that Kasambara said the whole process in appointing the judges violates Section 43 of the Constitution. Section 43 stipulates that every person shall have the right to lawful and procedurally fair administrative action, which is justifiable in relation to reason given where his or her rights, freedoms, legitimate expectations or interests are affected or threatened. The section also says that every person shall be furnished with reasons in writing for administrative action where his or her rights, freedoms, legitimate expectations or interests are known. Kasambara also argued that the reasons given for not appointing Mwenelupembe and three others who applied for the post of judge are not justifiable. In his affidavit, Mwenelupembe said although he applied for the post of judge, he has not received an acknowledgement and has not been interviewed. He said he was surprised by the reports in both print and electronic media that the president has appointed judges. “I am convinced that these people were not recommended to the president on the basis of being the most meritorious candidates but rather on the basis that they were not from the Northern Region but from the Southern Region,” stated Mwenelupembe. He said prior to the appointment of the new judges, a member of the Judicial Service Commission, informed him at Wanderers Football Club that he will not be appointed as judge “simply because I was a Northerner”. Mwenelupembe also said that some of the new judges are not as experienced as he is. Others who applied for the post and were left out are Maclean Kamwambe, Charles Mkandawire and Wezi Kayira.
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