Solicitor General Musa Mwenye today testified before a tribunal investigating Wynter Kabimba which is being chaired by Acting Supreme Court Judge Evans Hamaundu who is sitting with High Court Judges Justine Chashi and Gertrude Chawatama
During cross examination Mr. Mwenye said he rendered his legal opinion to Winter Kabimba in his capacity as Minister of Justice which is a government position and not as Secretary General of the Patriotic Front Party.
This is in a matter in which Justice Minister Wynter Kabimba who is also PF Secretary General has been cited for abuse of authority of office, breach of secrecy of oath and interference with the independence of the Judiciary for coping a professional legal opinion from Solicitor General Musa Mwenye to PF lawyers Ellis and company and Acting Chief Justice Lombe Chibesakunda on election petitions.
The complainants in the matter are MMD’s Lucky Mulusa and political activist Brebner Changala who want the tribunal to probe Mr. Kabimba for allegedly breaching the parliamentary and ministerial code of conduct and interfering with the independence of the Judiciary when Mr. Kabimba copied the legal opinion to PF lawyers.
Mr. Mwenye told the tribunal that he did not render the legal opinion to the Patriotic Front as a party but to Mr. Kabimba in his capacity as Justice Minister because his position involves offering legal advice to the government on issues of public interest such as election petitions.
He said his office existed to render a service to the public hence he rendered his legal opinion to Kabimba on grounds that election petitions were issues of public interest and that there were debates going on which were sparked by Transparency International Zambia when they raised an issue over the procedures for preventing candidates whose seats were nullified from re contesting them.
When he was asked by the one of complainant’s lawyer Makebi Zulu whether he knew that the legal opinion he gave Mr. Kabimba was copied to the PF lawyers his response was that he came know about that development after some time.
Mr. Mwenye further said the professional legal opinion he rendered to
Kabimba was not a classified document.
The defence team has since applied for an adjournment in the matter because one of the other witnesses who scheduled to testify this afternoon was not available as he was attending a meeting.
The proceedings have since been adjourned to tomorrow for continued hearing.
ZANIS
Acquit Wynter, clearly not guilty
Thanks
Mr. Mwenye further said the professional legal opinion he rendered to
Kabimba was not a classified document.
@Mushota- The role of the tribunal is not to establish guilty or innocence. Rather, it is to recommend further action or no action at all. In any case, words like guilty are only used in criminal cases; which certainly this is not.
I doubt if this human being called Mushota is normal .Learn to take national matters seriously. The matter before the tribunal is not a laughing matter.
…..meaning that Kabimba LIED UNDER OATH!!!!!
It has now been established beyond reasonable doubt that the man ruling Zambia is none other than Wynter Kabimba. Sata is hopelessly powerless when it comes to Wynter. It is also clear Wynter is backed by forces so strong that Sata cannot stand against. The man has refused to resign his position as party SG and Minister on several occasions even after cadres were hired to hound him out. Only if Wynter can use his powers for the betterment of Zambia instead of just chasing shirts like Masebo’s. He is our president but let him rule with love of the country. Sata cannot move Wynter and as Kaunda would say, wachepa sana!
There is no law that says you must resign when under investigation, especially politically motivated investigations. The tribunal will give us a verdict.
I have always maintained that Kabimba is innocent. The problem in Zambia is we have even Grade-7 drop-outs who want to be legal experts. Go to University and study law, and then after those four years of study if the tribunal will still be sitting you can comment. Law is law, it doesn’t care about your tribal or political hatred. Kabimba will be found innocent. I don’t even understand this rubbish about Kabimba being more powerful than the president; what kind of brain-damaged analysis is that? Did you want the President to punish Kabimba before he is proven guilty, JUST TO SATISFY YOU? Let our leaders baleteka bwino, don’t start projecting ignorance on that. If you want the president to be responding to your little egos, then it is YOU wanting to control the president NOT Kabimba.
@Mwembeshi
Kabimba can’t be innocent in this tribunal no matter which way you consider it, legal brain or not. He has clearly used his Govt position (as testified by Musa) to obtain legal opinion which he has used for the benefit his political party. That is abuse of office and one needs some crafty explanation to get out of that one. In this case, they are relying on the fact that it wasn’t classified. But that’s not all. He also copied the ACJ into his PF letter to his Solicitors. No what Law in the state of Zambia allows such actions by political parties? If none at all, then he was trying to influence the judiciary. He can deny that has much as he wants but the petitioners have the judgement from Mumba’s contemptuous case to rely on.
If this tribunal was set for these flimsy charges on abuse of office authority then surely this is just wasting public funds. I would have thought there were corruption charges regarding the oil contract which should really be bottomed down.
@Amayama
Is trying to influence the Judiciary a flimsy charge? Particularly if that’s by the Justice Minister who should know better. The CNP at plot one has been instructed by Mm’membe to protect Kabimba in oil corruption saga…that’s what you are dealing with here.
Chickens at it again, or this mere child’s play? When are we going to grow-up?
Can one talk about this:
@ Zambian Watchdog (The revelation from the Auditor-General’s Report for 2012 that in most areas, loss of public funds mushroomed to shocking levels under President Michael Sata’s regime makes a sad reading.
The report shows that under Sata’s regime, the unvouched expenses colossally increased to K553, 142, 715, 946 in 2012 compared to K77, 014, 932, 341 in 2011 under former president Rupiya Banda.
Besides, non-accountability of public funds through “no submission of expenditure returns” soared to K107, 765, 375, 773 in 2012 from K27, 083, 333, 334 in 2011.
As if not enough, loss of funds through “over payment” increased to K206, 913, 870 in 2012 from K6, 000, 000 in 2011.
Whereas unaccounted for stores burgeoned to K43 billion in 2012 from K22…
Not to be unexpected. Any other outcome would have created headlines.
Cont…
Whereas unaccounted for stores burgeoned to K43 billion in 2012 from K22 billion in 2011.
Despite this, Sata’s regime is singing its own songs of praise for lessening the misappropriation of funds to K463, 631, 579 in 2012 from K1, 060, 362, 947 in 2011.
We called RB a plunderer but today where are we heading to with huge debts our able government is accruing?
Bakolwe basekana ifipato.
Whereas unaccounted for stores burgeoned to K43 billion in 2012 from K22 billion in 2011.
Despite this, Sata’s regime is singing its
Much like what any normal person would expect after monkeys have invaded a maize field.
RB was a president for all zambians and he lonved his people.
The statement is crystal clear that the solicitor general rendered his legal opinion to the minister of Justice and not pf cadre secretary general. When the justice minister copied the legal opinion to pf cadres (lawyers) that is where the problem is, that is abusing the office of ministry of Justice for political party benefit that is breaking the oath of secrecy. Pf cadre so dull.
@chambeshi or what over they call you! Don’t just comment on things you don’t understand, the only problem you haven’t even gone through the article and here you are posting st*U*P*Id comments. Be a citizen rather than a cadre.
In simple terms the dull lawyer like you was rendered a legal opinion in the capacity of minister by the solicitor general but the minister who happens to be secretary general of pf broke the oath of secrecy by leaking the legal opinion to pf lawyers for political part benefit. Musa mwenya gave it to him as minister but used it as a pf cadre.
Mushota means short in both height and reason. Don’t take he/she seriously.
Geting advise is no crime.U can get advise or not.Was tht advise goten with coarse & punitive action?No! So where is abuse?Yaba!
@Dada
I feel it’s a waste of time trying to explain to you where the abuse of office is, but “we can’t give up on our fellow Zambians and expect political maturity” so I will have a go. If Kabimba went, to Solicitor General, to ask for this legal opinion as secretary general of PF, he would most likely not have got it. So he used his position of Justice Minister to obtain the opinion. There is no reason why a justice minister should be soliciting such legal opinion when Govt isn’t involved in any policy or legal challenge. The fact that he used his ministerial position to obtain information that he then used benefit his political party is what amounts to “abuse of office”
Lets wait for the learned judges recommendations
…hmmmmmmmm, i wonder what kind of insults we were going to read here, from our self-acclaimed ‘learned’ brothers from Southern Province if MUSA MWENYE was from either the Northern, Muchinga or Luapula provinces. Mediocrity, Idiocy, dumbness and above all randiness favours no tribe, race or educational level.
What is at stake here is the fact that this Minister wrote a letter to the chief justice attaching the legal opinion in order to influence the outcome of judgement in the ruling party’s favour. This was gross interference in the independence of the judiciary.