Supreme court judge Philip Musonda has asked president Michael Sata to retire him as he is 62 and almost at the retirement age of 65.
Judge Musonda who is amongst the three Judges to appear before judge lovemore chikopa’s tribunal feels that he should be retired with full benefits as he has served the nation deligently.
The decision by the Judge means that the tribunal which was supposed to sit from 18th june to investigate him will not sit while waiting the outcome of the judicial reveal application by the two judges Charles kajimanga and Nigel Mutuna who have questioned the constitutionality of the chikopa tribunal.
Judge Musonda did not join the two judges in the constitution challenge of the tribunal.
Meanwhile, the constitution challenge has attracted massive support from the judiciary who have indicated their concern with Supreme Court ruling which seemingly obliterate the division between the executive and the judiciary. They feel that judicial review will clarify and reinstate the separation of powers to issue that the judiciary is insulated from the executive.
“It is not right that President Sata should willingly pick on judges and submit them to tribunals without following the due process as established by the judicial Complaint Commission, one judge said.
President Michael Sata constituted a tribunal that is being chaired by Malawian Judge Lovemore Chikopa to probe their professional misconduct has resigned.
Judge Musonda has since written to President Sata informing about his decision to resign as Supreme Court Judge.
Justice Musonda together with High Court Judges Charles Kajimanga and Nigel Mutuna were in May last year suspended by President Sata on allegations that they misconducted themselves in a case involving a KR14 million loan owed to Development Bank of Zambia (DBZ) by Director of Public Prosecutions (DPP) Mutembo Nchito and Fred M’membe, Post Newspaper managing editor.
But High Court Judge Flugence Chisanga halted the tribunal proceedings when the two High Court Judges challenged the tribunal arguing that it was illegal and premature.
The tribunal comprised Malawi High Court judge Justice Lovemore Chikopa as chairman, and members that included Justice Thomas Ndhlovu, retired High Court judge Naboth Mwanza, and Chipili Katunasa as secretary.
The Chikopa tribunal was supposed to start its proceedings on June 18th 2013 but had been halted although the state has said it would challenge the decision of Judge Siavwapa to stay the commencement of the tribunal.
Government had also announced that the tribunal would still go ahead to probe Judge Musonda who had not challenged the tribunal but the Chikopa Tribunal has yet again been thrown in a precarious position with the resignation of Judge Musonda.