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Lusaka

M’membe contempt case thrown out

THE Lusaka High Court has quashed contempt proceedings against Post News papers Editor-in-Chief Fred M’membe and two others.

Judge Albert Wood said yesterday that the facts from the record showed that the alleged contempt was not committed in the face of the court.

He said the record also shows that section 100 of the Criminal Procedure Code (CPC) was not complied with.

This is in a matter in which Mr M’membe, deputy managing director Sam Mujuda and the author of the article Professor Muna Ndulo filed an application for Judicial Review following the decision by Chief Resident Magistrate Charles Kafunda that the trio be cited for contempt.

Prof Ndulo authored an article in relation to the Chansa Kabwela case that is before Magistrate Kafunda.

[Zambia Daily Mail]

Editor’s Note:

Old, but published because of demand by people who want to debate the topic

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17 COMMENTS

  1. “As for Mr Albert Wood, whom I know personally, is a professional colleague who has distinguished himself, particularly, in the practice of Commercial Law. His ethical and professional standing is unblemished. He is an active member of the Law Association of Zambia (LAZ) and extremely competent. During my days as president of the LAZ, he served as my vice-president and gave me tremendous support …
    ” Rt Hon George Kunda MP SC (March 2008, Hansard)

  2. This shows how good our justice system is. The lesson to learn is that judgement can either be against or in our favour. when its on our side, let us celebrate and when its not simply accept the judgement as opposed to unleashing a bunch of conspiracy invisible hand theories.

  3. MMD have failed to finish MMembe off. They should just give up and concentrate on developmental programs and fight against corruption. But without these MMembe will always be like lice under the MMD collar

  4. MMD and its government are a Comedy of Errors but Zambians are not finding them funny but repousive.

  5. The judgement stinks. What does Judge Albert Wood mean “the alleged contempt was not committed in the face of the court” ? Contempt of court includes commenting on a matter before a court, i.e. a matter that is currently being heard by a court, not the literal meaning of “in the face of the court”. Obviously Judge Albert is either contemptuous of his fellow judges and magistrates and the public, or he has an agenda. No wonder Freddie run to wake up Judge Albert for his injunction. However we accept the verdict pending appeal.

  6. #13..I like ur sentiments “…accepting the verdict pending appeal”…if only Chalwe Mchenga could exercise the rights bestowed upon his office in the interest of the mass Zambian populace! wouldn’t we all be chiming our democracy

  7. #13..I like ur sentiments “…accepting the verdict pending appeal”…if only Chalwe Mchenga could exercise the rights bestowed upon his office in the interest of the mass Zambian populace! wouldn’t we all be chiming our democracy and our judiciary

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