12th November, 2024
His Lordship
The Chief Justice for the Republic of Zambia
Supreme Court Building
Lusaka
Dear Your Lordship,
REF: COMPLAINT AGAINST THE CONDUCT OF THE JUDICIARY
The above captioned matter refers and further reference is made to the current happening involving one Mr Robert Chabinga.
We keep noting with concern that Our party is suffering at the hands of the executive and any meaningful intervention that we have requested for the judiciary to make has been declined.
We approached the High Court when this issue of infraction of our party started in the case of NAKACHINDA V MILES SAMPA 2023/HP/866 which matter went before Judge Chocho.
The result of the said matter is well known to you.
We then proceeded to approach the Court again in the matter of MUTOTWE KAFWAYA AND OTHER V MILES SAMPA 2023/ HP/ 2297 before Judge Siloka.
The result of the said matter is well known to you.
Now we have a Mr Robert Chabinga who is doing a similar thing and even in the face of an injunction, he sees it fashionable to ignore the Court order because in our view the executive is protecting him.
This is happening when there is a matter before your institution being the case of BRIAN MUNDUBILE AND 8 OTHERS V MILES B SAMPA 2024/HP/056 which matter is still pending and has one simple question to be resolved. Did the purported convention by the defendant amount to a party convention under the PF constitution?
This matter does not require a lot of time to resolve but it has been held by your institution to the detriment of our party and the so much cherished democracy of this country.
The right to be heard as we know it is a fundamental human right and stretches across all spheres of human dignity and existence.
This right to be heard is being denied to the Patriotic front by your actions
Is this the kind of country we seek to further? Is this what justice is called and looks like now?
We are worried about the state of the Judiciary in this country now than ever before because it appears the Judiciary and the Executive are in bed together and their pillow talk is to make sure that the PF is killed and if not, frustrated.
This we believe is not the role of the Judiciary but that is what as ordinary citizens we are seeing and are left to conclude. The selective application of the law is sad.
We would like to know what your role as head of the Judiciary is when you have noted that the Executive arm of government is overbearing on your institution.
What would you have done if it was an opposition member not supported by the government in this case the executive, who was doing what Mr. Chabinga is doing?
We have to hold the judiciary accountable, your office must account for the actions we have seen.
We have matters before your institution which matters have never been resolved to this date. You need to answer the question of what has happened to the PF matters relating to Mr. Miles Sampa purported convention?
These matters we must say have been frustrated by your Judges and not lawyers and this has been done under your watch.
What is going on in our party is as result of your complacence and fraternising with the executive which you are supposed to be checking.
If Zambian people with serious difference cannot go to the judiciary which is an umpire, which other institutions can they ran to?
You need to tell us where we can deploy our grievance if the judiciary is no longer a place we can have our issues resolved? We want you to answer these questions
Your Lordship, we seek serious answers to these questions and we do so urgently so that we know whether the Judiciary is still a place to go or we should look elsewhere for solutions
We await your usual prompt response
Yours faithfully
Hon. Rapheal.M. Nakacinda
Patriotic Front Secretary General
Cc: American Embassy
Cc: The European Union
Cc: SADC
Cc: The AU
CC: Law Association of Zambia
Cc: The Human Rights Commission
Cc: International Human Rights Watch