JUSTICE minister Wynter Kabimba yesterday appeared before a Tribunal constituted to probe his alleged breach of oath of secrecy.
Acting chief justice Lombe Chibesakunda in her letter dated January 7, 2014 responding to former Solwezi Member of Parliament (MP) Lucky Mulusa and human rights activist Brebner Changala‘s petition said she had no objection in setting up a Tribunal to investigate Mr Kabimba’s alleged abuse of office and breach of the oath of secrecy.
The three member Tribunal led by acting Supreme Court judge Evans Hamaundu and members, High Court judges Gertrude Chawatama and Justine Chashi is expected to submit its report to President Michael Sata and Speaker of the National Assembly Patrick Matibini by February 20,
2014.
It has been given 45 days inclusive of weekend days from the time it was appointed on January 7, 2014 to conclude its work and submit the report to the authorities.
The duo want the Tribunal to state whether or not Mr Kabimba abused his office by using Government information rendered by Solicitor General Musa Mwenye to allegedly back up PF cases attempting to block parliamentarians whose seats had been nullified by the Supreme Court for engaging in corrupt practices.
Addressing both parties when he opened the Tribunal yesterday, Mr Justice Hamaundu said that the Tribunal would work within the terms of reference set out by Mr Mulusa and Mr Changala in their letter of December 24, 2014 and would refuse anything outside that.
Mr Justice Hamaundu said this was because the strength of the allegations and questions set out by the duo in their letter was the foundation the Tribunal.
Mr Justice Hamaundu said the Act under which the Tribunal was constituted did not specify the form in which investigation should take but it would be guided by the provision of the Inquiries Act and terms of procedure would adopt section 13 of the Inquiries Act chapter 41 of the Laws of Zambia.
He reminded both parties that the Tribunal was not a court of law as such it would not be bound by the rules of evidence or by the rules of procedure.
“We shall conduct the proceedings in such manner as we think proper. To that end we shall permit examination of chief, cross-examination and re-examination of witnesses only, we shall not permit objections as to the admissibility of testimony or evidence” Mr Justice Hamaundu guided.
On witnesses, Mr Hamaundu said all parties would be at liberty to call any witness to testify but the summoning of any witness would be a prerogative of the Tribunal after a party sought its leave by stating the reasons why it wanted that person to be summoned adding that no party would be allowed to seek attendance of any person by issuing a subpoena under the “White Book”.
Mr Justice Hamaundu further stated that due to the limited time for the inquiry, the complainants have been given five days (Monday January 20 to Friday, January 24 2014 to state its case while Mr Kabimba would respond from January 27 to January 31, 2014 (five days) after which they would close.
This would give the Tribunal time to review the evidence, prepare a report and submit its report within the time frame as they would be no extension.
Mr Kabimba who is PF secretary general is represented by State Counsel, Bonaventure Mutale from Ellis and Company, Doctor John Mulwila from Ituna Chambers, Willy Mubanga of Chilube and Permanent chambers, Robinson Malipenga of Malipenga and company, A.D Mwansa of Mumba Associates and Abraham Mwansa of AMC Associates.
Mr Mulusa and Changala are represented by Makebi Zulu of Makebi Zulu advocacy.
Ati “Addressing both parties when he opened the Tribunal yesterday, Mr Justice Hamaundu said that the Tribunal would work within the terms of reference set out by Mr Mulusa and Mr Changala in their letter of December 24, 2014 and would refuse anything outside that”. Nabasanga akapunda to let off the hook Winter CHIMIMBA hence not accepting anything outside the references set by Mulusa and Changala. Kwata, that’s why CHIMIMBA has refused to resign. Read in between the lines. Its difficult to set up a tribunal in respect of MASEBO because there is a strong case against her. lo!
why are the other tribunals not given time frames?
MULUSA AND CHANGALA MUST INCLUDE SIKOTA,SONDASHI,SEBA ZULU AND BA RODGER CHONGWE IN THEIR LEGAL TEAM.
Ka ngwee tata!!!!
I think setting up a tribunal was not a good idea. It is just a waste of the badly needed meager resources. The President should have just consulted the attorney general and other legal experts on whether Kabimba had abrogated his oath of secrecy before setting up a tribunal. It’s not every issue that needs a tribunal. And as a matter of principle Kabimba should resign or the appointing authority should suspend him pending the outcome of the tribunal.
The number of lawyers representing Kabimba is intimidating like the way Kabimba intimidated the ACC that day wen he took a group of cadres with him to ACC office. Kabimba as SGof PF likely using party funds against a single lawyer for the complainants using their pockets. The complainants have good case against the pompous Kabimba.