The High Court last month ruled that the Chief Justice did
not have the right laid out in the latest constitutional amendment to opt to
continue in office until he was 75, but Justice, Legal and Parliamentary
Affairs Minister and the Attorney-General noted an appeal against the decision,
effectively suspending the lower court’s order.
Following the noting of appeal, CJ Malaba returned to work,
a development that upset Mr Kika, the leader of the original application to
block the Chief Justice from continuing in the post after he turned 70, who
then unsuccessfully sought another High Court order for the top judge to be
found in contempt of court and committed to civil imprisonment for six months.
After losing that application after the two judges found
that a long-settled law did stay judgments once an appeal was noted, Mr Kika
again approached the High Court, this time seeking leave to execute the May 15
judgment pending appeal.
But just an hour before the case management meeting, set
for 2pm yesterday before Justices Esther Muremba, Pisirayi Kwenda and Paul
Musithu, Mr Kika, through his legal counsel, withdrew the application without
giving reasons.
He tendered wasted costs of the suit.
The High Court last week ruled that CJ Malaba was not in
contempt of court, when he resumed his judicial functions after an appeal to
the Supreme Court was noted against the earlier High Court decision that the
constitutional amendment giving him the option of five more years of service
did not apply to him and other senior judges.
The judgment confirmed that the noting of an appeal
automatically suspends the execution of any judgment or decision appealed
against, including the declaratory order on May 15, and so dismissed the urgent
application Mr Kika was seeking.
Two High Court judges, Justices Amy Tsanga and Sylvia
Chirawu-Mugomba dismissed the urgent application by Mr Kika, for lack of merit.
Herald
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