Lawyers acting for JCN Holdings, Post Newspapers and Mutembo Nchito have asked the Supreme Court to dismiss with costs an application by a civil society organisation to be joined in to the ongoing proceedings over the K18 billion debt.
This is in a matter in which the Zambian Voice, a civil society organisation as an interested party had applied to the court to be joined in to the case.
The Supreme Court in July granted the Zambian Voice an application as a joinder in the ongoing civil proceedings between JCN Holdings, Post Newspaper Limited, Mutembo Nchito and DBZ.The Zambian Voice had applied as a joinder to the case in order to protect public interest.It had stated that public interest should be protected in the matter especially that there were strong allegations that the Minister of Finance was protecting JCN Holdings, the Post Newspapers Limited and Mutembo Nchito from paying the debt.
Zambian Voice Executive Director Chilufya Tayali had argued in his affidavit that his organisation wants to join in the proceedings in order to protect public interest.
But Nchito and Nchito, the law firm representing the three appellants argued in its submissions that the Zambian Voice’s application as an intended Interested Party is not a necessary part to the proceedings.
They argued that joining the Zambian Voice to the proceedings will not in any way enable the court to adjudicate on the appeal effectually and completely as the organisation is not privy to the contact in issue.
They further submitted that the Zambian Voice has failed to demonstrate how it will be affected by the judgement of this case on appeal and therefore cannot purport to be an interested party.
“In seeking to be joined to the proceedings, the Intended Interested Party has conducted itself like a meddlesome private Attorney General envisaged and frowned upon by the Supreme Court in the Stora Solomon Mbuzi case,” the submissions read in part.
They also contended that the granting of an ex parte order to the Zambian Voice on July 20 2012 was done irregularly because the application for the joinder was not urgent.
Meanwhile, Buta Gondwe, acting on behalf of DBZ contended that the application by Zambian Voice was bordering on contempt of court because the organisation was commenting on an appeal that was before the court over the setup of tribunal the President of Zambia.
They submitted that the Zambian Voice should also not be allowed to comment on a private contract they are not privy to and whose rights Dr. Abraham Mwenda himself has not chosen to assert.
They described the actions of the Zambian Voice as that of mere busybodies.
Justice Munyinda Wakie will make on September 13 make ruling over the submissions.
I met this man once, he is a great example of what a hard working deserving man and deserved his position and recognition
LT please report in the manner beffiting of such a galiant hard working man
Thanks
Ali kulyako???
Chilufya Tayali Tekanya sana! You just can’t fight these battles!
So these guys have no capacity to pay that debt despite claiming that they are liquid.The Pfost newspaper was bragging about not owing anybody so why are they running away from nkongole?
Nchito and Post are panicking now.Let the public through Zambian Voice be involved.Scared of a little public scrutiny,what do they have to hide?BTW is Judge Chikopo still waiting to bail these guys out as per presidential directive?
There is no need to be puking and verbally sparring with Mr Nchito
I met him and he cordially smiled when I saw him and the man was dressed in this blue shirt
With a smile, I can see him in my head
I don’t think It is necessary to have to have a go at such a selfless. Abasing the man frivolously renegades what a lot of you have been preaching respecting an African Man.I am not accustomed to doing that, as I am not a fan of an average Zambian man. Individually Zambian men are arrogant and obnoxious except very few like him but collectively Zambian people are tolerant and nice people, just shame I never married one because of the beliefs and dogma ideas.
Thanks
I dont think you are who you say you are..player!
just say uyu muntu ali nyengako than your puke of praises chinyohh chobe,nindalama shesu tulefwaya
Mushota????????????????????????????????????????????????????????????????????????
Who said these words?”Ufisanji bamambala”…
its mambala wamene wamene RB
And which public mandated this Zambian Voice to take care of their interests, can Tayali indicate where he draws his mandate to speak for the the Zambians in this case. Is he representing some political interests or it is Zambians, he has not consulted me and I have not given him any instructions as his client, I am a ZAMBIAN!!!
He hasn’t consulted me either but I approve of him taking up this stand on behalf of other voiceless Zambians.
Sata won’t there to protect your criminality. You will face the firing squad!
The appellants have made valid submissions and I strongly believe that the granting of the joinder application will be overturned by the Supreme Court on appeal.
Meanwhile the case continues
Nchito -Mmembe are disgrace to Zambia.
A revolution for zambia, only way to restore sanity ,economic emancipation and bring Real social CHANGE! To achieve this Zambia needs courageous,morally and economically minded revolutionary leaders more than ever b4 to emancipate it from these molasses of mediocrity leadership of yesterday!! Two urgent agendas:( 1) Immediately, suspend this barbaric colonial “CONSTITUTION “which continues to breed bad leaders that are heartless, leaders that oppress citizens and the source of our economic exploitation. (2) More urgent too, CHANGING the “GOVERNANCE STRUCTURES and JUDICIAL SYSTEM” that has become a conduit for muzzling people’s democratic FREEDOMS, Opportunities and RIGHTS . WE hito-mmembe are a menace to zambia
On top of the 14billion DBZ LOAN, Mmembe -Nchito owe Mathani ‘s finance bank K36 billion thus the nollei- prosecui favours,let them refute this fact,check Post’s Accounts and yet they are lying that they don’t owe anyone!! Mmembe-Nchito are becoming a danger to the country,whoever is not on their side becomes an enemy. They demonized SATA and called him names (check 2002 -2007 post editorials) during Mwanawasa’s reign (bcoz they benefited-Zambian airways ZRA tax wavers, airport fees wavers, 14billion DBZ loan etc) , now that SATA has allowed them into the treasury, HE is a saint Michael.Pure opportunists! when they wanted to fix Chiluba,bcoz Justice Ngulube refused they had him removed. Came justice Sakala who agreed with them to fix Chiluba ,now that JSSaala is gone , f-dday
My simple understanding of the 18bln is that of “limited” company. Having read the issues from th eexplanation in the post one day, I was very happy that they did nothing wrong except they lost money, including theirs in a business that never worked. Naive? Maybe; just maybe. I just get so tired of the bickering in Zambia.
PUPPET. very soon you will regret why you think ka fred is clean. he is a criminal let him pay and he will earn my respect for once.
FAKAYO puppet is you who is an arm chair critic; kakongole fye ngo lefwaya naiwe ala!!
Mushota you are just in love with the man, he is charming but that is how dangerous he is. Let him pay back the money he got. Lets rally behind Zambian Voice
Iwe ka Mushota, udabwisa.
Kapoko you have spoken well ” 1) Immediately, suspend this barbaric colonial ”CONSTITUTION “which continues to breed bad leaders that are heartless, leaders that oppress citizens and the source of our economic exploitation. (2) More urgent too, CHANGING the “GOVERNANCE STRUCTURES and JUDICIAL SYSTEM” that has become a conduit for muzzling people’s democratic FREEDOMS, Opportunities and RIGHTS”
This case has had a lot of people early retired, Tayali, you will just get your organization deregistered by Ba (Under Lake), kufileka fye, you are forewarned. What a country, my cousin who lives in Chelstone Green/Avondale has just informed me that they have not had water supply since Monday, but received a bill from Lusaka Water and Sewerage and the bill is in minus due to overpayment !!!!!!!! BRACE UP FOR MORE CHOLERA CASES AND DEATHS!!
#7 mpinganjira Zeb, you are a Zambian in the diaspora who’s voice is not heard in Zambia. So just enjoy the show from the sidelines….Sata does not care about you unless you go back to Zed.
Apart from early retirements that is why Lovemore Chikopa Love is still in Zambia feeding on you.
THIEVES…Thats why they hate HH cos if he wins they willbe asked to pay it. for now dont expect ukwa to ask them to pay. they re free criminals
You mean this privatisation THIEF.
Madam Chief Justice, what the people of Zambia are saying is that the 18billion can go along way in relieving them of their problems. I will give you an example, the road to your village (in Chinsali) from Chambeshi pontoon is very bad and needs to be tarred. I am sure you would like to move on a tarred road next time you visit your village. The 18 billion would do at least 60% of it
18bn bull
You people who are saying Mutembo is a thief, please give tell us how he did it. Did he go there during the night, killed the guards, broke the safes and got the money or he did he get the money through false pretences? I think the guy just borrowed money from DBZ using legal channels which he wanted to use in his legally registrered businesses and things did not work out.
Mwandi boi, you are just hard working. Keep it up. Woodlands “A”.
Not all thieves kill guards, man!
If they borrowed let them pay. FULLSTOP.. we dont care where a smart thief,casual thief..they are just thieves!!!!
I guess these guys surely just have pay what duly belongs us than all this technical jargon. If they are as liquid as they purport to be.
I noticed Mushota is back!
Panda, you steal in many ways. They got so much money, where did they take it to make the company go down after getting so much money
I guess these guys surely should just pay back what duly belongs to us than all this technical jargon. If they are as liquid as they purport to be.
I noticed Mushota is back
Now this is getting interesting. First media reports including the Post Newspaper were stating that the money in question is 14 billion and now we have been informed its 18 billion and here these guys want to go Scott Free!!! Why are they r
efusing the joinder and instead buffling legal jargon’s and semantics?? What is the fear of the civil society joining the case? Every well meaning citizen can petition and choose to engage on any matter of public interest. The civil society have a task to ensure that there is sanity in administering public resources. The DBZ monies should be returned so that young entrepreneurs can access the funds for business. Go go ZV and represent the masses.. never give up…
Totally agree with you! I am wondering where is the Auditor Generals’ in this case, I am told Ms Wandi signed MoUs with ACC, DEC and ZP! So are these not prosecutable cases???
Who can defeat a Bemba apart from a Bemba. Let them fight each other they know the tricks on how to steal from the Bank. Twatola fye mukwaye that’s M’membe and Nchito.
Ka Mushota nakeve chabe…..
would be good if people understood all the facts before saying whatever comes to their minds and commenting.
Iwe ka Crusher, M’membe is not Bemba. Chilufya keep on holding them on their bolls, they are thieves
But he is a thief. FULL STOP
let the Zambian voices in,,those chaps are mafias..they want to steal our money..we need the K18bn back..viva !!
@mushota,,
why are u exposing your foolishness here?
PAY BACK THE MONEY BA FIKALA!!!!!
Iwe Chilufya Tayali i will tell Andeleki to disregister your kantemba organisation.
SATA SHOULD BE THE LAST PERSON TO SPEAK ABOUT CORRUPTION AFTER THIS BEING BROUHGT TO LIGHT. **** HIM!
Andeleki Hands off Zambian Voice
Now this is courage and determination. this is taking on the ruling cartel – not a task for the faint hearted.
a limited company! in this case two of them(companies) borrow from the bank and unfortunately their intended goals go wayward. (i wont mention political/ goverment influence) what are the concequenses? i believe there is adequate cover in terms of abligations that might arise to both the bollower and the bank in an event the bollower fails to pay the debt. and what are those legal implications? by the way IMWE BAICE, the current constituition was mutilated by our own KK. the colonialists left us with a good one. no need to go into details here cos it will take the all lot of this year to educate BA KAMUSHI!!
Mmembe’s father is from chinsali and therefore he is bemba.
Mushota you are right the guy is good and thats why he managed to steal cash over K18billion from the Zambians. Anyway maybe thats why the PF thugs want to rebase the kwacha come January 1, 2013 so that this huge amount looks like just a small amount. I end here!
This application to the courts typifies all that is wrong with the way Mutembo, Sata & Mmembe are seeking to defraud DBZ. The court application they have made is shallow, one-sided, and focuses on narratives in which Mutembo walks scot-free from a contractual obligation. This court application by the offenders is a reminder that myopic opposition and media focus on this matter can allow a corrupt DPP carry the day with falsification of the realities.
Well observed, why did Mmembe&co push for the removal of Justice Sakala and other JJudges? Now they have a field day…..
Mushota: welcome back!
I will never ever meet Mutomba Nchito & Mmembe..
someone educate me please,are there two separate cases one involving k14bn and the other k18bn or what?am a bit lost
@Don its the same case. DBZ sue the duo on 14BN but Bank of Zambia refuted this figure saying that the amount owed was 18BN according to their records. @ Sata Regime, you are right such a character does not deserve to be DPP and we hope this case will be pursued to the point where this guy will be pushed out of that office
I haven??t checked in here for a while as I thought it was getting boring, but the last few posts are good quality so I guess I will add you back to my daily bloglist. You deserve it my friend :)
Let there be no disturbances in any investigation case.The court shoukd take its role and find who is wrong and the court will make a judgement.
Lets comment but not insult. Sata is president, an elder and deserves respect from all Zambians. Zambia can hear and respect your views without any iota of insult. I thank all those Zambians who can comment without insulting. Lets build a culture of objective talking and respect for elders and fellow citizens. Follow my advice and our country will develop and be always at peace. Lets not hide behind internet and our pseudo names to throw X rated verbals at each other. We meet in pubs and other public places and share the joy of our football teams winning and the cheers are so loud. That moment no one asks which tribe, political party or origin. All that we do is jump up and down. How sweet that is. Lets employ that same culture in the political field. Right now its not pleasing at all.Too
Maybe if he conducted himself with some respectability, HE MIGHT JUST EARN IT!!!!
these guys used questionable valuations for their business to get money from DBZ. by the way, they also owe me through their debts to ZRA, NAPSA and National Airports which together total more than 85 billion. what did they do with the money they borrowed, because they were not paying the statutory obligations. what they owe Mahtani ‘s Finance is not our issue because now they are on the same page. what i want is the full 85 billion, not only 14 billion.
Zozoti!! Dem guys eat with both hands diz days!!
@37 Livingstone. Equally, Given Lubinda’s Father is from Scotland so he is Scottish.