PeP concerned with suspension of Livingston Magistrate

PeP President Enock Tembo

PeP President Enock Tembo

Patriots for Economic Progress (PeP) has described as unlawful the decision by the Acting Chief Registrar of the Judiciary to suspend a Livingstone based Class II Magistrate of the Subordinate Court, Benjamin Mwelwa from duty.

PeP President Sean Tembo has told QTV News that his party has since written to the Acting Chief Registrar of the Judiciary Charles Kafunda to express its dissatisfaction.

Mr. Tembo says the reason given by Mr. Kafunda for the suspension is that the Magistrate decided to stay a matter involving the People Vs. Maambo and Others in which the DPP sought to enter a nolle prosequi and the defence challenged the DPP to furnish reasons for seeking to enter the nolle, arguing that the Constitution demands that the DPP must furnish reasons for entering a nolle prosequi.

Mr. Tembo says it is his considered view that the action of the Acting Chief Registrar to suspend the Judicial Officer for a decision taken by the court is a blatant disregard of various laws which seek to protect the independence of a court in adjudicating on matters.

He explains that the powers of a Chief Registrar are clearly outlined in Section 8 of the Judicial Administration Act of 2016 and do not include the power to suspend a Judicial Officer.

He states that according to the Judicial Complaints Commission (JCC) Act, a Magistrate can only be suspended after being found guilty of misconduct by the JCC.

Mr Tembo adds that Section 55 of the Subordinate Court Act, Chapter 28 of the Laws of Zambia specifically protects a Judicial Officer from any legal or administrative action for any act done or omitted to be done in the exercise of their duties while presiding in Court.

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