Ex-High Court judge seeks judicial review over his dismissal from office

Former High Court Judge, Timothy Katanekwa, has sought Judicial Review in the Lusaka High Court to challenge his removal from judicial office, alleging injustice by the Judicial Complaints Commission (JCC).

Katanekwa is seeking an order that the grant of leave should operate as a stay of his removal from office as High Court Judge by President Hakainde Hichilema.

He cited the Attorney-General, JCC, chairperson Vincent Malambo, Chad Muleza, and Dean Mwansa both Commissioners.

He also wants the court’s directive that the hearing of the application for judicial review be expedited.

According to an affidavit in support of notice of application for leave to apply for Judicial Review, Katanekwa stated that the Commission in the report to the President, relied on the witnesses it had called on behalf of the complainants.

“That in the process of hearing the Complainants, the JCC through its commissioners without having regard to the fact that the complainants had the responsibility of independently proving their complaints decided to call witnesses to testify and produce documents on behalf of the complainants,” he said.

Katanekwa, 65, contended that JCC failed to follow procedural rules of natural justice.

He stated that he was blamed for delayed delivery of judgement for a case at the Industrial Relations Court when the man who allegedly used to steal and sale court records in the Ndola Registry was caught and dismissed.

He said the evidence of the witnesses he called to testify on his behalf was not contested by the complainants but surprisingly by the Commissioners.

“That the findings of the three Commissioners who are parties to this application that I had the responsibility of keeping Court records and ensuring the security of the files including reconstructing a missing file where so perverse and unreasonable that no reasonable tribunal properly directing itself can make them,” he contended.

The former Judge also alleged that the files which were removed from his Chambers in his absence including that of the accused who complained before the JCC were never returned after he resumed his duties and following his transfer.

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