Mon, 04 Feb 2013 12:18:27 +0000 The decision by President Sata to appoint Justice Lombe Chibesakunda as Chief Justice and submit the name to Parliament is unconstitutional and therefore invalid, says NAREP president Elias Chipimo Jnr. As a consequence, the National Assembly has no jurisdiction to determine the candidature of a person that has already passed the retirement age for judges as set out in the Constitution. The law association of Zambia has already rejected the appointment. “At 69 years of age any consideration by Parliament of her candidature would therefore contravene Article 98(1) of the current Constitution which stipulates that “a judge of the Supreme Court …shall vacate that office on attaining the age of sixty-five years,” said Mr Chipimo Jnr However, it also goes on to state that if the office of the Chief Justice is vacant then until a person has been appointed to that office, the President may appoint the Deputy […]
…As Chipimo confirms that the appointment is unconstitutional
