Retired Judge Phillip Musonda has submitted to the court that he cannot be subjected to a probe

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RETIRED Supreme Court Judge Phillip Musonda has submitted to the court that he cannot be subjected to a probe through a Tribunal for the purpose of advising the President on how to handle future resignations.

But Attorney General Mumba Malila has insisted the need for Dr Justice Musonda to undergo the, saying his resignation from office does not mean the complaint of his alleged misconduct also ‘dies’ as recommendations of the Tribunal could help the President deal with similar situations in the future.

Dr Justice Musonda said the Tribunal had so far acted outside jurisdiction by entertaining charges outside the Judicial Code of Conduct which the Constitution decreed as the regulator of judicial conduct.

He said in his affidavit in response to Mr Malila’s submission that there was no jurisdiction left for the Tribunal to exercise following his resignation.

Dr Justice Musonda said it was not the mandate of the Tribunal as a disciplinary body to inquire into the conduct of non-judicial officers like him as defined by the Judicial Code of Conduct.

He said if the Tribunal was allowed to continue, it would amount to overriding the consensual removal from office between him and the appointing authority since its mandate was to recommend removal or not to do so under Article 98.

He said it was not the mandate of the Tribunal as stated by Mr Malila to advise the President on how to deal with future, but to recommend whether or not he should be removed as a judicial officer from a position that he no longer holds.

Dr Justice Musonda said the responsibility of advising the President on legal matters lay with the Attorney General.

On the issue of Mr Malila issuing a statement to the media that Dr Justice Musonda’s resignation had pre-empted the existence of the Tribunal, the retired judge said the Attorney General was bound under the doctrine of legitimate expectation and believed that Government through him was barred from holding the inquiry against him.

On the issue of Mr Malila issuing a statement to the media that Dr Justice Musonda’s resignation had pre-empted the existence of the Tribunal, the retired judge said the Attorney General was bound under the doctrine of legitimate expectation and believed that Government through him was barred from holding the inquiry against him.

 

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