THE Constitutional Court will on December 11 rule on a petition by former Post Newspapers (in liquidation) owner Fred M’membe to reverse the order to wind up the newspaper company.
The court will also rule on whether the High Court had requisite jurisdiction to quash the decision of the Judicial Complaints Commission.
On January 10 this year, Lusaka High Court Judge Sunday Nkonde entered a consent judgment which declared the company bankrupt.
In this matter, Mr M’membe petitioned the Constitutional Court challenging the Kitwe High Court’s decision to quash the decision of the JCC which found judge Nkonde with a prima facie case for professional misconduct after the judge and the Attorney General entered a consent agreement.
He sued Judge Nkonde and the Attorney General.
Mr M’membe, among other reliefs, sought a declaration that the proceedings in 2017/HK/771 were a nullity on account of want of jurisdiction and that all actions taken on account of the proceedings in the case were null and void.
He also sought an order declaring the consent judgment dated January 10 2018 which declared the Post insolvent and wound up null and void.
But Attorney General Likando Kalaluka argued that Mr M’membe could not purport to set aside a consent judgment to which he was not a party.
Mr Kalaluka said the High Court had original and unlimited jurisdiction to hear and determine an application for judicial review.
Meanwhile, five former employees who petitioned the winding up of the newspaper were joined to the proceedings.