Minister Sylvia Masebo (second from left), Director of Public
Prosecutions Mutembo Nchito (second from far right) and Justice
Minister Wynter Kabimba (far right) at the just ended 2013 Southern
African Chief Justices Forum and Conference and Annual General
Conference at Zambezi Sun Hotel in Livingstone.
Rainbow Party President Wynter Kabimba and the Post Newspapers have asked the Lusaka Magistrate Court to dismiss the matter in which former President Rupiah Banda has sued them for liable and Contempt of court arguing that the offence amounts to duplicity.
When the matter came up this morning for plea, Lusaka Magistrate Kenneth Mulife adjourned the matter to the 23rd of March for ruling on the two applications that have been made by the Mr. Kabimba, the Post Newspapers and its Editor In Chief Fred M’membe.
In their first application to raise preliminary issues on the indictment of their clients, one of the defence lawyers Nchima Nchito from Nchito and Nchito submitted that this is because the alleged two counts appearing on the charge sheet arise from one act of publication in a newspaper.
In the second application another defence lawyer Eddy Mwitwa asked the court Wynter Mmembeto refer the matter to the high court for determination of the constitutionality of the contempt Mr. Kabimba, the Post Newspapers and M’membe allegedly committed.
Mr. Mwitwa from Mwenye & Mwitwa-Advocates has told the court that this is because what is being alleged the trio committed offends their fundamental rights of freedom of expression.
But in response the complainant’s lawyers from Makebi Zulu Advocates, Keith Mweemba Advocates and PNP advocates have asked the court to dismiss all two applications as they are frivolous and vexatious.
Mr. Banda’s lawyers have argued that duplicity in the matter does not arise because offenses appearing on the charge sheet are two different counts of contempt and libel.
They have also contended that by asking the subordinate court to refer the matter to the High Court for determination of the constitutionality of what is being alleged, lawyers of the accused are in fact saying that Contempt of Court is unconstitutional.
The former president lawyers have further argued that if this was the case, the country’s Judiciary should then be stripped out from being among the three arms of government.
In response defence lawyers however maintained their ground by stating that there is no way that their clients can be charged two offenses from one act.
They have also maintained that they have met the threshold in their submission to indicate the seriousness of their contention that the constitutionality of what is being alleged their clients may have committed has to be determined by the High Court as it is the only court that can weigh the proportion of the constitutionality between freedom of expression and contempt of Court.
Magistrate Mulife has since adjourned the matter to next week Monday.
President lungu is the best president we hav eva had,only a foool will not agree wit me
Do not be quick to judge. Well, let us put it in another way. President Lungu is the worst president Zambia has had or will ever have. See, each one has an opinion; that is how views are expressed. It does not mean because you have typed it, and I have typed, it becomes the gospel truth. It does not end there; substantiate, we may debate. For now it is a statement only, unsubstantiated. That is not the way it works. We can spend the year arguing, you are wrong I am right. You are right I am wrong. Where will it end?
Then I’m a certified fool? What does that say you’re? IMBECILE
Then I’m certified fool. And you an IMBECILE
What is your description of ‘best’ for you to classify Lungu this way so soon? Come on, get a life and wait to see then judge better after tangible results to base on. I really don’t know much about him but so far I can’t see anything for him to boast about, settling scores?
Libel means defamatiom.
Liable means likely/prone
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Who approved this kind of writing?
When taken to High court the case will be before JUDGE Mwila. You what this means.
Transfer that case to chongwe were they lock up cartel members
you have cracked my ribs!!! ati “where they lock up cartel members…..” kikikikiki
Lungu is the worst president Zambia has ever produced. The man has no crue and plans of his own. Sata was Sata and by far people loved him for his own words and ways of being a man of people
A man of the people who took away subsidies that helped the poor buy their daily bread!
if you hate Lungu just say so praising Sata because he is dead is not the right thing! Sata was useless if you ask me by any standard!!!
So Mutembo Nchito wanted to prosecute a matter in which his elder brother Nchima(operating a law firm in which Mutembo is a partner) is the defence lawyer. Talk about conflict of interest! To think Mutembo did not see it that way speaks volumes about public office bearers in Zambia.
Cognitive dissonance? Do you know when The Nchitos opened their practise – before or after he became DPP?
It was before he became DPP. They were made rich by Levy Patrick Mwanawasa during the Task Force on Corruption. Nchito brothers, Mmembe, Mwenye, Masebo and Kabimba are the eiptome of evil in Zambia at the moment. HH is slowly joining in
The danger with the so called ‘cartel’ think to be above the law.
Justice at the end of the day should prevail
I just hope Lungu will not die soon so that he can deal with this evil cartel! you can see what m’membe is doing now. he was quiet during sata’s useless reign because he was getting financial favours, K14billion, not paying taxes… etc! but now he has gone full throttle condemning Lungu cause he has been made to pay taxes. HH should be careful with this devil as he is not in support of him either. he wants his own man Wynter the snake!!! he will use him and dump him (HH) if he is not careful. HH should actually come out in the open about his views on the cartel. otherwise people who hate the cartel will continue to vote PF even if they don’t perform well for fear of having another hostage president like Sata!!!!!
Nchito and Membe ,u look like good people BUT yo BEHAVIOURS are BAD,CHANGE,Generally ZAMBIANS dont like u.