THE Kitwe High Court is on Friday expected to hear an interlocutory application by the State in which it has asked the court to dismiss an action by the Law Association of Zambia (LAZ) to press for the removal of acting Chief Justice Lombe Chibesakunda.
This is in a matter in which LAZ has asked the court to order Ms Justice Chibesakunda to vacate the position of acting Chief Justice, claiming her continued stay in office was illegal as she was above 65.
LAZ, which has sued Ms Justice Chibesakunda and Attorney-general Mumba Malila, wants the court to order that the re-appointment of Ms Justice Chibesakunda as acting Chief Justice in May 2012 was illegal, null and void.
But Mr Malila has asked the court to dismiss the application, saying the LAZ action was irregular and an abuse of the court process.
Mr Malila said the matter should be dismissed because it was wrongly taken before court through a writ of summons instead of a judicial review as required by the law.
But sources disclosed in an interview that Kitwe deputy registrar Charles Zulu, who is currently handling the matter, has set November 8, 2013 as a date for hearing Mr Malila’s request to have the matter dismissed.
Ms Justice Chibesakunda is being represented by 18 Lusaka and Copperbelt law firms that have filed in a motion in the Lusaka High Court to defend her, while LAZ was on the other hand represented by 12 law firms.
The lawyers would battle it out when the matter tentatively comes up this Friday to decide whether or not the action by LAZ should be thrown out at this stage.
LAZ wants the court to order that the President might not appoint a person who has attained and exceeded the age of 65 years to the office of a Judge of the High Court, Supreme Court, Deputy Chief Justice or Chief Justice.
It further wants an order that Ms Justice Chibesakunda, having attained and exceeded the age of 65, does not qualify to hold the substantive office of Chief Justice of Zambia.
Source: Times of Zambia