President Sata acted legally when he appointed a tribunal – Malila

ATTORNEY-GENERAL Mumba Malila has told the High Court that President Sata acted legally when he appointed a tribunal to probe retired Supreme Court Judge Phillip Musonda’s alleged professional misconduct.
Mr Malila made the submission following the decision of the High Court last month to grant an interim stay of proceedings of the tribunal set up to probe Justice Musonda and two High Court Judges Charles Kajimanga and Nigel Mutuna.
Justice Musonda has applied for judicial review to stop the tribunal from investigating him after his resignation from the judiciary.
Mr Malila argued in his submission that the Supreme Court in its ruling on January 9, 2013 said President Sata exercised his powers properly and merely advised that the tribunal should not proceed.
This is contained in an affidavit in opposition to summons for leave to apply for judicial review.
Mr Malila said the tribunal’s mandate is to investigate alleged professional misconduct.
The matter comes up for hearing on September 18 before Justice Florence Lengalenga.
The tribunal was set up by President Sata in April last year to investigate alleged professional misconduct involving Dr Musonda and Justices Kajimanga and Mutuna.