THE Lusaka High Court has thrown out an application by the PF in which it was seeking to be joined into proceedings in which former Petauke Member of Parliament Dora Siliya and two others are challenging the decision of the Electoral Commission of Zambia (ECZ) to block them from filing nominations in their various up coming by elections in their former constituencies.
High Court judge Mungeni Mulenga dismissed an application by PF Secretary General Wynter Kabimba saying it was misconceived and lacked merit.
This is in a matter in which Ms Siliya, former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo are challenging the decision of ECZ purporting to disqualify the trio from filing their nominations in the by elections which were slated for September 5, 2013.
But Mr Kabimba in his capacity as PF general secretary filed to be joined into the proceedings saying his party had an interest in the outcome of case which would affect it .
Ms Justice Mulenga said that she was dismissing the application because the reasons advanced in the interested party’s affidavit did not show sufficient interest to warrant the joining of the PF to the current proceedings.
She said the PF could not be joined because the reasons advanced in the interested party was not a party in the subject election petitions and could not be clothed with the interest in the same at this stage.
“The interested party was not a party in the subject election petitions and can not be clothed with the interest in the same at this stage.
“Having found that the interested party has not demonstrated sufficient interest as required, I hereby decline to grant the application for non-joinder to these current proceedings and accordingly dismiss the application for being misconceived and lacking merit” Ms Justice Mulenga said.
Ms Justice Mulenga said that it was evident from the Supreme Court authority that the application by the interested party made pursuant to Order 14 of the high court rules and order 15 the rules of Supreme Court was procedurally wrong and liable to be dismissed on technicality grounds.
She said that even if the application was considered under Order 14 of the high court and order 15 6 ( 2) and (3) RSC , the application would not have met the required threshold particularly as outlined in sub-rule 3 which required that one mist either show his interest in the in dispute or state the question to be determined between him and any party to the cause.
Ms Justice Mulenga said that the reason given by PF that it has expended considerable human and financial resources as well as petitioned Ms Siliya, Mr Mwale and Mr Sililo did not meet the test of sufficient or locus stand in which was to demonstrate the harm that would be occasioned to they party by the judicial review application.
She said that the decision which was the subject of the current judicial review proceedings directly related to the trio and can not reasonably be said to affect PF except for mere inconvenience due to the temporally delay of the scheduled by elections which would in any case affect all interested parties who wish to contest the said by elections.
ooh its kabimba. no wonder. this matter involves ECZ, attorney general and the petitioners, yet kabimba wanted to squeeze himself into the proceedings. amazing indeed.
conflict of interest. So the minister has been told a lesson by his officers. Poor planing and yet poor finishing is ahead.
I am moulesss
Wish you well PF
I saw this coming. Wynter wants to fight the trio and it seems its personal.
It is now evident that, truly as said before, Kabimba never won any case. Indeed bravo judge it was misconceived.
Lets just wait to core business than Kabimba advancing selfish interest
justice minister ubukopo. insoni atishani. pf are an embarasment to the nation and the world at large.
Too bad. This man definitely needs refresher courses if not another degree in law.
No, not another course but Kabimba should be redirected (as UNZA would say to failed student with too many UEs- use of English problems) but instead try TAILORING or a course in mending shoes! (Cobbler)
Winter cannot pass any degree course…..let him try a taxi driving course at ZAMIM
The list of Kabimbas lost cases is growing. Will he ever win a case? And this is the best the country could come up with for a justice minister! Such a moron of a lawyer!
The PF should separate the two Secretary General and Minister of Justice. Right now it is a big challenge especially to the Title holder. Well you can all see that PF is running a a free Judiciary. In the old days the “Pate and it’s gabament” could not lose.
what does Kabimba have that only Sata can see? i wonder because Kabimba is the worst performing Minister. Kambwili at sports very vocal but atleast the Aquatic village was completed before the All Africa Game. Winter on the other hand failure.
The Judge has even been graciuos in her ruling. Had it been some of those late judges , they would have used the opportunity to advise Kabimba that as Minister of Justice, he should be the last person to be seen to be embarking on misconceived applications. His application was not only misconceived but also an abuse of court process. Kabimba and his PF , (whose veiled threats to the ECZ and the Courts nititated the whole fiasco in the first place) emperously sauntered into court expecting the court to join the PF to the proceedings- in spite of what the law says . Talk of arrogance.
All these issues are being compiled and Kabimba will one day be called to account for his repeated and relentless assault on our democracy . He is such a danger to democracy.
He will appeal to CJ and win.
Most of the cases that Winter has been involved in lack merit from time immemorial n so I aint surprised that that one has been throw out.
Red lipped Lawyer, just Chikopo of Malawi. What these chaps masquerading as lawyers must be go back to class. You know gentlemen and ladies copping or cheating at tertiary level for the sake of passing an exam does not make one credible lawyer or any other practicing personnel. As for Kabimba i can only say Sorry your CV as been assaulted further; 50 CASES: WON 0:LOST 50 OR NI BUKOPO SURE MWE BANTU.
I THINK U’R DEDUCTED IN MIND KAWIMBA,AND U’R EVEN PUTTING UP UR STUPIDITY AT A HIGH POSITION.WHAT TYPE OF BOOKS WERE U STUDYING TO BECAME A DULL LAWYER.IT’S TRUE U CANT WIN A CASE,BOSSTING I’TS 2 MUCH.THATS Y GBM IS STARTING INDORSING BCOZ OF U.
I THINK KAWIMBA U’R DEDUCTED IN MIND,AND U’R PUTTING UP UR STUPIDITY AT A HIGH POSITION.WHAT TYPE OF BOOKS MADE U A FAILURE LAWYER?,AND IT’S TRUE U CANT WIN A CASE.BOSSTING IT’S TOO MUCH.YOUR PF FRIENDS KNOWS U,THATS Y GBM IS INDORSING SATA.REMEMBER U’L BE FAMOUS BCOZ OF UR IGNORANCE.
We have always said it……Winter is a very dull lawyer. I don’t even know how he became State Counsel!
….and the problem is he displays his dullness in public!
Mr. Kabimba has a law firm (W M Kabimba & Co) with offices at Godfrey House–“Kabulonga”/Longolongo Road (according to the firm’s headed paper). Hence I infer that he has been winning some legal cases otherwise the firm would be extinct by now as people would not be seeking legal services from it.
…The firm is surviving by settling most of the simple cases out of court…where the inept lawyers like Kabimba share the spoils at the expense of both clients!! This happens alot in Zambia
He has never won a case but as you know in law whether you win or lose, the client still pays the legal fees. So logically, he has been surviving thru such fees.
well his only client is PF (Pa buFi)!!!!
Insoni ba kabimba sure.
That Kabimba is jst a dull man. You dont have to be an educated person to understand his dullness, all it takes is to listen to him talk on MUVI or on Phonix. He is behaving like the late Tetamashimba, no difference at all. It’s like they were born from one mother or kapena nitmatenda yamene yabapanga so. Remember also ba George Kunda’s reasoning, although he was a much better lawyer than Winter. Aya matenda yaononga brain ka twafwa mwebantu!
High court Judges are pro MMD for they were appointed by RB no wonder Suprem court pass judgment not in favour who is dull then
There is also a conflict of interest issue here. Kabimba is Justice Minister and technically the Judge’s employer. If they wanted to be enjoined in the case doesn’t natural justice suggest that the more appropriate person to apply on PF’s behalf would have been the Deputy SG (if they have one or any other officer of the secretariat)?