THE Lusaka High Court has thrown out an injunction in which the Patriotic Front sued First Lady Thandiwe Banda for assisting the vulnerable, alleging that she is abusing Government funds.
In his ruling, Judge Phillip Musonda said the application should not have been brought before court by a person of average comprehension.
He said the application for an injunction was against a wrong party as she has no role to play in receiving or spending Government funds.
Judge Musonda also said no evidence of abuse of public funds was presented. The court said the assumption that she was abusing funds is speculative and that the injunction to stop her, as a first lady, from using Government resources, does not meet the test of irreparability of damage when this practice has gone on for 44 years.
“This injunction on disbursement of funds illustrates a serious misunderstanding by the plaintiffs,” Judge Musonda said.
He said to grant the injunction against Mrs Banda will be violating the Constitution and the Financial Control Management Act.
Judge Musonda said the two statues have appointed officers to receive, pay and audit Government revenue.
He said granting the injunction can also amount to an intrusion in the Auditor General’s constitutional function, the Minister of Finance, Secretary to the Treasury, controlling officers who are personally liable for unauthorised expenditure and internal auditors’ statutory functions.
Evelyn Kangwa and Majorie Nakaponda filed an application for an injunction against Mrs Banda seeking the court to restrain her from acting in any capacity not supported by any law of the land. They wanted the court to restrain Mrs Banda from disbursing moneys and distributing goods which are not provided for in the estimates of expenditure by Parliament.
The plaintiffs, through their lawyer Wynter Kabimba, were also seeking the court to restrain Mrs Banda from using the facilities in the absence of disclosing the source of the monies and goods and also to restrain her from using official Government facilities and services for alleged party political activities until after trial.
Judge Musonda said Mrs Banda has no role directing, disbursing or controlling expenditure. He said Zambia has been independent since 1964 and that all first ladies in the country have enjoyed these facilities which are a practice world over.
Judge Musonda said the United States, United Kingdom andthe entire Commonwealth Africa exercise the same practice which attained the status of a constitution convention.
He said Vera Chiluba set up the Hope Foundation, a non-governmental organisation, which was identified with her while Mrs Maureen Mwanawasa set up the Maureen Mwanawasa Community Initiative.
He said the current first lady states that she wants to join hands with all charitable and non-governmental organisations to help various organisations depending on their needs.
The court said Mrs Banda’s sentiments demonstrate that her approach is non-partisan and wondered how distributing goods to the needy or towards poverty alleviation can cause irreparable harm when more personalised charitable work by previous first ladies did not cause irreparable harm.
[Zambia Daily Mail]
“The court said the assumption that she was abusing funds is speculative and that the injunction to stop her, as a first lady, from using Government resources, does not meet the test of irreparability of damage when this practice has gone on for 44 years.” ba Judge, your son is a drug trafficker and we now know that most of your judgments lack merit. if the trend has been going on for 44 years, does it mean that it has become a correct thing to do? the constitution of zambia since it was born does not give any power to the wife of a sitting president. so when she is giving out funds, she must account for all of them and disclose the donors or else the room for speculation that its GRZ TAX payers money comes in automatically. this is how people with fine brains think. we are watching.
Okay…. Mbanje was smoked for a long time ago. Can this so called judge ligalise it! Its been there. Prostitution has been on going so its okay to continue. Chiwamila galu……
“Judge Musonda also said no evidence of abuse of public funds was presented. The court said the assumption that she was abusing funds is speculative”[END QUOTE]
Attack the judge all you want but until you provide this evidence, the Judgment passes merit.
THE PUFF PUFF PARTY HAS LOST IT AGAIN. COME 2011, YOU WILL LOSE AGAIN AND AGAIN 2016 YOU WILL LOSE AND 2021 AGAIN YOU WILL BE WHITE WASHED!
the best philip must do is go back to school and study fisheries not Law. its too much for him to comprehend
#3 and 4, have you heard what Mohan is saying in his testimony how the same holy judiciary in your myopic and ever conjunctivitis- infected eyes has been implicated in money laundering, corruption, filthy deeds and more or less predictable judgments. we are watching this time not from the terraces but getting to the play ground steadily. we are going to sweep zed of corrupt chaps like you
Ba judge Musonda, as judge in charge have you already allocated the case involving your dug trafficking son? To which judge?? How can a situ where a first lady who is not accompanied by her husband gallivanting to 4 or 5 districts in a ZAF chopper (flown by ZAF pilots), just how can this be said to be speculative??? She is busy dishing out tuma K5m without an NGO or disclosing her sources, is this normal???? Anyway, kabili even i come and bribe you to give favourable ruling and there is evidence, you will not have committed any abuse of authority, kabili there is no such law in Zambia. Like they said in Kenya; why hire a lawyer when you can buy a judge??
Wynter Kabimba is not an impressive lawyer. His way of arguing cases is not admirable. Is not a group of those fine and detailed thinking lawyers. Is more on the side caderism. Is it the Cobra effect?
Trully, Judge Phillip Musonda does not show that he is a “person of average comprehension2 in his ruling in this matter. Surely a wrong would never be right no matter how long it is perpetuated hence the 44 years reasoning is very shallow for someone said to be a “learned judge”.
It is equally strange for the judge to refer to the “United States, United Kingdom and the entire Commonwealth Africa” when he is in the same judiciary which does not recognise the “London Judgment” against the thief of thieves, FTJ Chiluba.
Zambian judiciary? refer to “Inktech managing director Matthew Mohan yesterday told the Lusaka High Court that a judge was paid US $200,000 in order to grant bail to Lusaka businessman…..”
Who allocated the use of GRZ helicopters to Thandiwe?
Arrest those people for corruption and abuse of public assets.
Thandiwe must name the donating parties unless she CAN’T!
Tax Theft by MMD campaign teams.
There is no abuse of office in Zambia anymore. Therefore, those in office can use the resources there for whatever they like.
Similarly, Regina Chiluba, the nearly second first lady to FTJ will be acquitted on the grounds that there is no such a things as abuse of office.
Yep! what d’ya expect honestly? 1st lady convicted? c’mon, yo’re not of ‘average comprehension’ are ya? judges are presidential appointees and Musonda wants his job. Open ya eyez!
mmmmm……
Companies, embassies and private business people, for Good Causes through Thandiwe, donated this money. The records are there at ZANACO for anyone to see. She said from the start that she would not set up an NGO but support the existing ones.
The Post tried to make a meat out of this case by bribing some people at ZANACO to produce evidence and they found that all the records are clean. Otherwise, we all know that by this time – they could have nailed her as the hatred shows they have on the First Lady.
In his ruling, Judge Phillip Musonda said the application should not have been brought before court by a person of average comprehension. This judge is useless, how can he refer to Wynter Kabimba, a lawyer and secretary General of PF as a “person of average comprehension”?. He is BELOW average. In fact, he is NOT even on the number line! Use less judge!
While assumption is the lowest level of knowledge, in law the burden of proof is with the accuser and not opposite. To gain credibility and mileage, the accusing finger must produce material evidence before the courts of law to the eefect that the first lady took any such funds from a Government account. Patriotic Zambians ill not be preoccupied by PF deviants’ acts of aberration. Instead, we the people without distance will even work harder in introducing some philantropists and generous corporations known for being passionate for the have nots.They have to support the altruistic societal leadership and vision of the first lady.First lady does not owe anybody an appology for her love for needy Zambians.
Sata hates Zambians and has no loyalty to this country all evident by his futile anti Zambian acrobatics. Who doesn’t know that Zambia like any other country has its own underprivileged citizens who need hand of the strong and blessed. The word of the Lord says to whom much is given much is expected. Will Zambians eat and get their lives improved by dinning to the PF menu of insults and hatred?
Sata should know that his wayward nephew Wynter Kabimba has never won any case in the courts of law since exiting UNZA with borderline undergraduate Grades. Expecting to win a case against common good is too myopic of him when evidence exit that Kabimba is a chap of average comprehension on everything in life.
“In his ruling, Judge Phillip Musonda said the application should not have been brought before court by a person of average comprehension.” This is one of the best parts of the judgement, the other best part is that Kabimba has been outsmarted by Mrs Kunda (VP’s wife) hehehe, how did Mr Wynter Kabimba take it? I agree with the Judge, surely Kabimba knows that even Managing Director’s spouses do use some of their spouses’ facilities, and he should have advised those villagers to find themselves a suitable husband. It also shows that Wynter verily believes that Mrs Sata will never be First Lady. PF, no serious agenda, just comedy!
Was this a PF/ Thandiwe case or was it between Evelyn Kangwa & Majorie Nakaponda vs Thandiwe Banda. Better bloggers understand this as opposed to just talking from the blues.
Useless lawyer . . .he has never won any case. thanks Judge musonda for confirming that this lawyer who used villagers to pursue his PF agenda is of below average comprehension and thus a top PF lawyer!
Too bad for the judiciary. things not looking good for them. Zambia has work to do could the reason why Zambians need a change of GRZ which will also clean the judiciary…..mawe Zambia could be going to levels of irapairable damage.
ba # 20 ba mukabe come 2011 . . .dont pretend to be smart or maybe you are also of below average comprehension !
…….. does not meet the test of irreparability of damage when this practice has gone on for 44 years.
“This injunction on disbursement of funds illustrates a serious misunderstanding by the plaintiffs,” Judge Musonda said.
BUT THIS JUDGE? HE COULD COUCH HIS DECISION IN BETTER TERMS, LACK OF MERIT NOTWITHSTANDING! SHAME TO THE JUDICIARY, HOW MUCH HAVE YOU POCKETED ON THIS, AND OTHER JUDGMENTS??
”the application should not have been brought before court by a person of average comprehension”
WINTER THOLE KABIMBA HAS NEVER WON A SINGLE CASE. HE IS THE DULLEST LAWYER IN ZAMBIA. A LAYMAN WOULD DO BETTER. COMMON SENSE IS NOT COMMON IN WINTERS HEAD. WELL PF NOW HAS NO INTERLLECTUALS. ONLY NICCOS
This legal practitioner of unmitigated dullness – you mean he did not know that this case had no merit before he even hired those unsuspecting villagers? The judge should have dismissed this case with costs.
My God! you are joking! surely the courts don’t see that Thandiwe has a case to answer?! What! There is a case here…for those people who think otherwise. For Thandiwe to engage in giving funds in the name of charity she has to be registered at PACRO just the way you do companies. It is illegal to conduct business or charity work on an advanced level such as this without a certificate of incorporation! Now I feel really stupid for ever studying law! The legal system in our country is being undermined and thrown to the dogs that there is even no point! WTF!