By Staff Reporter
Lusaka businessman Misheck Chatora says he will seek judicial review in the Constitutional Court against Supreme Court Justice Evans Hamaundu, after he was cleared by the Judicial Complaints Commission (JCC).
And Chatora says he wishes dismissed former High Court judge Timothy Katanekwa “will rot in hell” following the decision by President Hakainde Hichilema to remove him from office.
But Katanekwa said he has not [pp-logged-users] received a report after the JCC submitted a report to the President to remove him from office, following the five complaints that were raised against him, mainly around delays to rule over court matters he was handling.
Chatora was one of the five complainants, having accused Katanekwa of receiving $5000 as gratification over the court matter he was handling involving Chatora’s company and Zambian Breweries, something Katanekwa denied and vowed to take legal action over with a demand of $22million for alleged defamation.
Katanakwa was facing several cases before the JCC, including one where three have been in custody for aggravated robbery for 12 years but the matter has not been disposed off, another one involving ZCCM which is said to have been pending for over 20 years and another one before the Industrial Relations Court, including a land dispute.
The JCC recommended his removal following the hearings into the complaints. However, Chatora is already focusing on the other battles against Katanekwa’s former superiors in the Supreme Court, chiefly Justice Hamaundu.
He said he will seek the Constitutional Court over the decision by the JCC to clear Hamaundu after he complained that the Justice had sat on his case involving the same Zambian Breweries over contested deductions.
“I am heading to the Constitutional Court with Justice Hamaundu because he was unfairly cleared by the JCC,” Chatora claimed.
But Justice Hamaundu was cleared by the JCC over the complaints Chatora raised against him.
He also said now that Katanekwa has been removed, he had already spoken to his lawyers so that the cases Katanekwa was handling start afresh immediately.
“To me being kicked out of the judiciary without any pension is punishment enough than going to jail. So as for Katanekwa for him now I am on hold, he’s gone. I am out to pursue Judge Evans Hamaundu,” Chatora said. “(I am going after Hamaundu over) the review of his ruling by the JCC … They did not address certain things that I raised in my complaint. Judge Hamaundu admitted that he was communicating with me which is against the Judicial Code of Conduct. Judges are not supposed to communicate with litigants especially if that litigant is alone and the other party is not there.”
He said the case was still being litigated before the Supreme Court.
“Even that one (case being handled), it’s my company and Zambian Breweries over deductions that were being made on our invoices. Yes! It’s in the Supreme Court,” Chatora said, saying the case has been ongoing for some time now. “As for Katanekwa let him rot in hell. We should not even think of Katanekwa, he was not in the Judiciary to serve people.”
And contacted for comment, Katanekwa said he could not say anything on the matter as he was still waiting for a report over his removal.
“I am sorry I have not gotten any report. I don’t know what to say. I have nothing to say. Thank you,” said Katanekwa. “I have no report, so I can’t comment prematurely.”
Told that Chatora had commented over his removal, Katanekwa said: “No, no, no, I am not in a contest. Thank you very much
