THE Law Association of Zambia (LAZ) has given Patriotic Front secretary general Wynter Kabimba seven days to respond to a complaint of alleged legal breaches filed by former Health deputy minister Solomon Musonda.
According to a letter dated June 30, 2010 signed by LAZ administrative assistant Sipelile Mwilwa and copied to Dr Musonda’s lawyer, Sunday Nkonde of SNB Legal Practitioners, Mr Kabimba has been told to respond to the complaint ahead of the hearing of the case.
“Please find enclosed herewith a copy of the complaint received against your firm. Kindly let us have your response within the next seven days from the date thereof,” stated Ms Mwilwa.
Mr Mwilwa was writing on behalf of LAZ’s legal practitioners committee which hears disciplinary cases.
“Please note that the committee may proceed to hear and determine the complaint in absence of your response,” the letter reads in part.
Dr Musonda has demanded that Mr Kabimba be punished following his letter to the DPP in which he wrote that Dr Musonda was charged with a minor offence instead of a more serious one.
He stated that Mr Kabimba should not have used expressions such as ‘deliberate use of firearm against the victim by Dr Musonda,’ ‘circumstances of the case are so obvious and clear’ and ‘this is a mockery of justice.’
Mr Kabimba had written a letter to the Director of Public Prosecutions (DPP) complaining that the charge of causing grievous bodily harm with intent to maim by the police against Dr Musonda were inappropriate and asked the DPP to review the case before trial commences.
Dr Musonda in his letter to LAZ protested that Mr Kabimba was a senior lawyer who should seek to protect the credibility of the judiciary instead of passing comments that were intended to reduce the respect the citizens have for the judicial system.
Dr Musonda, who is a medical doctor, was arrested after he allegedly shot a PF cadre Jack Munsaka after he attempted to block the motor vehicle he was driving.
He was charged with one count of causing grievous bodily harm with intent to maim, disfigure or disable contrary to section 224 of the penal code of the laws of Zambia which Mr Kabimba said was not appropriate.
In his letter of complaint, Dr Musonda has asked LAZ to investigate and punish Mr Kabimba for allegedly breaching the legal practitioners’ rules by writing to the DPP without recourse for the respect of the judiciary.
The Chitambo member of Parliament, based his complaint on an article that appeared in The Post newspaper of June 22, 2010 describing the charge against the former minister as a mockery of justice.
The letter dated June 22, 2010 and copied to Mr Nkonde, the president of LAZ and LAZ secretary, states that Mr Kabimba breached rule number 32 of the legal practitioners practice rules, of 2002 under statutory number 51.
Charging that the letter to the DPP was allegedly in bad taste, bad faith and likely to diminish public confidence in the legal profession and the administration of justice, Dr Musonda said the writing was prejudicial to the administration of justice.
The letter authored by Mr Kabimba to the DPP states that “as advocates for Mr Jackson Musaka, we would like to observe that the charge against the suspect in this matter is nothing but a ‘travesty’ of justice if you take into account the circumstances of the case and in particular the deliberate use of the firearm against the victim by Dr Musonda.”
He also said the suspect should have been charged with a more serious offence.
“In stating the above, we are not oblivious to the fact that under the Republican Constitution of our country you are not subject to any authority in the discharge of your duties as DPP,” Mr Kabimba states.
Mr Kabimba urged the DPP to review and amend the charge in the interest of justice before the commencement of trial.
On the letter by LAZ, Mr Kabimba said he had not yet seen the letter and would comment on the matter when he does so.
[ Times of Zambia ]