LUSAKA – President Hakainde Hichilema has dismissed High Court Judge Sunday Nkonde for gross misconduct with immediate effect.
This follows a recommendation by the Justice Complaints Commission to remove Judge Nkonde from office.
According to a statement from presidential spokesman Anthony Bwalya on June 3, 2022, the dismissal of the puisne judge falls within the exercise of the powers conferred on the President by the Constitution.
The dismissal of Judge Nkonde follows a complaint that Fred M’membe, former editor of the Post newspaper, filed against him for professional misconduct.
Dr M’membe had brought a case against Judge Nkonde for being biased in the way Post Newspapers Limited was liquidated in November 2016.
M’membe claimed that Judge Nkonde could not preside over the newspaper’s liquidation case, as he had already tried to put the company out of business in 2012 when he filed a lawsuit against them on behalf of Investrust Bank without bank approval.
On January 10, 2018, Judge Nkonde authorized preliminary insolvency practitioner Lewis Mosho and five former employees of The Post, including the Zambia Revenue Authority, to fraudulently enter into a consent order declaring the company insolvent.
In November 2018, the JCC determined that Judge Nkonde had a case to answer and wrote a letter to former President Edgar Lungu recommending that Judge Nkonde be suspended from office so she could investigate him.
Lungu however ignored the disciplinary board’s request until he was booted out of office after losing to Hichilema last year.
However, Judge Nkonde has sought leave to seek judicial review of the Judicial Complaints Commission’s November 14, 2018 decision recommending his suspension after being subpoenaed for professional misconduct.
Judge Nkonde, citing the Attorney General on the matter, said that the JCC’s order that the complaint against him by Dr. Fred M’membe be heard and the push to suspend him is null and void ab initio.
High Court Judge Getrude Chawatama refused the ex parte permission she granted Judge Nkonde to challenge the JCC decision.
