FORMER Republican President Rupiah Banda has discontinued contempt proceedings against Post newspaper Editor-in-Chief Fred M’membe.
According to a notice of discontinuance filed in the Lusaka High Court by Mr Banda’s lawyer Sunday Nkonde of SBN Legal Practitioners dated September 29, 2011, the former President stated that he was discontinuing the case pursuant to Order 17 of the High Court Rules, Cap 27 of the Laws of Zambia.
The court proceedings were initiated against Mr M’membe in 2008.
On September 26, 2008 Mr Banda, who was acting President then, filed a writ of summons and statement of claim in the High Court to seek damages for defamation by The Post.
Through his lawyer Mr Christopher Mundia, Mr Banda applied for an ex parte order of interlocutory injunction to restrain The Post from publishing libellous words against him.
The ex parte order was granted on September 27, 2009, but the next day the newspaper published allegedly defamatory articles, which were
perceived to be a defiance and disregard of the injunction order the court granted earlier on.
Mr Mundia then filed summons for leave to commence contempt proceedings against Mr M’membe.
But on October 2, 2008 The Post, through its lawyers George Chisanga and Remmy Mainza, raised two preliminary issues.
The first preliminary issue was whether it was proper for Mr Mundia to swear to the affidavit on behalf of Mr Banda in such a highly contentious matter.
The second was whether the ex parte order for leave to commence contempt proceedings, granted to Mr Banda, must be vacated on grounds that such an order is provisional and is liable to be vacated on sufficient grounds.
In his ruling, Lusaka High Court Judge Charles Kajimanga who was presiding over the matter said he was satisfied that the affidavit in support of an ex parte application for leave to commence committal proceedings was properly deposed and he accordingly dismissed the preliminary issues.
This prompted Mr Mainza and Mr Chisanga to appeal to the Supreme Court where two judges heard the appeal.
In the judgement they said the Supreme Court clearly understood that Mr Mundia’s application for leave to commence contempt proceedings against M’membe was in compliance with procedure under Rule 2(1), (2) and (3) of the Supreme Court Rule
[Times of Zambia]
legal drama has started again
RB, RB, RB. Abuse of office is comming back. You and your sons and the unqualified family branches in our diplomatic services have a lot to answer for
Naikosa bola RB, kukosa mu opposition. And why is your wife not seen nowadays, ni mwenye? Kosa mambala.
Can`t dictate any more so why bother? Uko!
FUNNY HOW TABLES CAN CHANGE OVERNIGHT…KA M’MEMBE MUTU UZAKULA MANJE, HE’LL THINK HE’S INVINCIBLE
Ya munyokola njala RB, a yamba ku lilalia.
Senior Citizen ali kuti mwebantu?
M’membe Namakando wins double. First for supporting Sata who has won and second for his case. No real change though. Same crocodile changing rivers or political niche.
cowardice has gripped the former head of state! eish..
This is proof that the Judiciary in Zambia is not independent. RB knows that since the piper paymaster has changed, the tune also changes.
All of a sudden we a have a strong forgiving nature, complete with recuperative powers! Ha, what a hoot!~X(~X(
Mmembe has no permanent friend watch the space, with this blunders kaya
INTERESTING. what a judicial system we have, very bias. This was one of those stu.pid cases. a worst of time for judges.
Senior Citizen is preparing to leave the emabssy and go back to Zed. Incito yapwa. Senior Citizen, like RB, thought he had monopoly of wisdom and judgement. Things have now changed and soon RB will be in jail
—– DON”T CRY —————-
Don’t Cry, How many times was SATA dragged to Police and Court. When He was crying you thought it was music. Even his wife’s car was taken away for silly reasons. MPOMBO is another example of abuse of power by MMD. Anyone expelled or resigned would suddenly have cases to answer. WHY is RB crying that he would be arrested when he did the same to those who left MMD. He should be arrested for real crimes he has committed. He knows he has so many things to answer for, especially misuse of money and contracts, alloowing Cadres to threaten people with rape etc and RB madev no comments. Today MMD want SATA to make comments on those beating MMDs. What a joke. Threatening Raping Nawakwi was fine for MMD, but not for DORA.
Can’t use State machinery to win the case…so he’s given up on a lost cause!
The man is scared that the citizen thing will go against him. Now we need membe to sue him for legal costs
Yes Fred has to sue the ex President now. What a waste of time! Pieces of a jigsaw falling into place now.
Go on Mmembe time to get your own back! lol!
No Membe riase no objection to the withdrawal but ask for costs..
yamunyokola life RB, ngomwa ya munthu
Newly ‘elected’ MMD Chongwe MP Mwakalombe has resigned conceding that the people of Chongwe want Masebo as their MP. Now ladies and gentlemen this is confirmation of the extent of rigging and corruption by the MMD in the just ended elections. Any comment Senior Citizen?
Chiluba also discontinued the case against M’membe and the Post for calling him “Thief” shortly after he left power. What is the interpretation of this?
Oh Banda must stand in his defence against Mmembe in Court. What has changed now? I urge sata to lift Banda’s immunity so that he can be tried for economic crimes, as commander of armed forces, killed Lozis and caused Mufumbwe violence. This guy must not go scotch free. Where is Mr red lips now?
It is simple – he sued in his capacity as Head of State – he is not anymore. Why continue? It is time to move on.
How the mighty fall! And the drama is just beginning. We wait with baited breath for Dora,Shikapwasha and Kunda to defend themselves. We hope thjis time Shikapwashsa doent not expect Sata to give him money for mealie meal or petrol,