Miyanda takes on Kabimba

Heritage Party President Brigadier-General Godfrey Miyanda yesterday challenged Justice Minister Wynter Kabimba to cite legal provisions which allowed for indefinite acting of Justice Lombe Chibesakunda as Chief Justice.
Miyanda argued that he had not come across a provision which said one can be indefinitely acting when there were many highly qualified Zambians that can fill up the position of chief justice.
He was featuring on Cross Fire Blog Radio that was also broadcast on ZNBC Radio 2, during which Kabimba claimed Chibesakunda could act until seven years, insisting that despite being over age she would stay in office.
But Miyanda retorted: “With regard to the acting Chief Justice, if he can cite provisions and draw my attention to it I will withdraw my complaint. I have not come across a provision where it says you can be indefinitely acting. Why should you act? There are many lawyers in the country, there are many highly qualified people,” he said.
He challenged Kabimba to explain why the PF took the name of an individual who did not qualify from the onset to avoid controversy when the president had constitutional option to present as many as three names if they were rejected successively with the third automatically going through if the individual met the threshold.
The former Republican Vice President who obviously made a meal out of the Justice Minister and challenged Kabimba to state why Chibesakunda had been asked to act in her position for more than one year.
In what appeared to be  a total legal defeat, Kabimba said the PF government would wait until Chibesakunda’s name was taken to the floor in the House for debate  and that was when they would give it up.
Kabimba yesterday made it clear  that Justice Chibesakunda would continue in her office despite the parliamentary select committee rejecting her name after being clearly challenged on matters.
Kabimba, an advocate of the High Court, sounded more layman than the highly articulate Miyanda.
“It is not correct to say the select committee has the final powers. The power they have is delegated and if a name is given to them they can make a recommendation either in the positive or negative but to reject a name at that stage is premature,” Kabimba said.
But Miyanda challenged Kabimba why the PF took the name of an individual who did not qualify from the onset to avoid controversy.
Miyanda said the President had the constitutional option to present as many as three names if they were rejected successively with the third automatically going through if the individual met the threshold.
The former Vice President made a meal out of the Justice Minister and challenged Kabimba to state why Chibesakunda had been asked to act in her position for more than one year.
“Everybody has spoken, you (Kabimba) have just pronounced now that the Chief Justice is acting, why has she been acting for more than a year?” Miyanda asked as Kabimba responded, “Why not? Where does it say?”

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