THE Kitwe High Court has granted an application by United Party for National Development (UPND) president Hakainde Hichilema to stay the execution of a bench warrant issued against him earlier this week, pending hearing of an application to set aside the bench warrant.
Kitwe High Court Judge-in-charge Catherine Makungu granted the application yesterday.
Earlier in the day, Justice Makungu rejected an ex parte application by Mr Hichilema to set aside the bench warrant issued against him on grounds that the affidavit was defective and contained extraneous matters and was contrary to paragraph 5, rule number 15 of the High Court rules of the Laws of Zambia.
“Since the bench warrant was issued in open court with advocates from both sides present, it is in the interest of justice that all other parties be heard as regards to the application to set it aside,” Justice Makungu said.
She also noted that Shamwana and Company are the lead counsels in the matter where the Law Association of Zambia (LAZ) is challenging the appointment of acting Chief Justice Lombe Chibesakunda and their co-advocates are from Muleza Mwiimbu and Company while others are from Freddie and Company .
“It is therefore regrettable that they have decided to represent the alleged contemnor. I am of the considered view that they should not be representing him in this case because this constitutes serious conflict of interest,” Mrs Makungu said.
She said the best was for the lawyers representing LAZ to remain neutral and advised them to withdraw from representing Mr Hichilema.
“For the foregoing reasons, I reject the ex-parte application and direct the alleged contemnor to appoint a law firm that is not representing either the plaintiff or defendant in this matter,” justice Makungu said.
After the court rejected the application to set aside the bench warrant, lawyers from another law firm then applied to the court to stay the execution of the bench warrant until the application to set it aside is heard.
Justice Makungu granted the application to stay the bench warrant and set August 25 this year as the date for hearing.
On Monday, Justice Makungu issued a bench warrant against Mr Hichilema for absconding from court.
In this case, lawyers representing Justice Chibesakunda have asked the court to cite Mr Hichilema for contempt for allegedly commenting on her tenure when the matter is still in court.
Justice Makungu noted that Mr Hichilema has not availed himself before court on both occasions that the matter of his alleged contempt has come up.
She observed that it was a lame excuse for Mr Hichilema to say that he had not personally received the summons because he had appointed advocates who were representing him in the matter and yet he was not availing himself before court.
Saulosi must be fuming over this development, because he really wanted HH to be caged and the jail keys thrown into the river, lol.
Saulosi or Soul-less whatever it is and Mushota are NEVER objective in most if not ALL their CoMmEnTs. Simply put, they are like HiRed Guns by the PF or they are on the PF payroll. Hence most of their comments MUST be ignored, NCHELELEBULA type of people.
Equally, their are other cadres hired or seem to be hired by other political parties for the role like of Saulosi and Mushota. We must be objective in order to help our politicians and our country in general.
This secured staying of bench warranty against HH is the way to go as the man was NEVER given the summon but placed in the Ad, which is illogical.
Judge MUST not accept to be used by politicians, like the bench warranty issue against HH seemed to have been.
We had pompous citizens walking out of court because they wanted a Judge of their choice, where they arrested? NO.
Court orders and Judgements over RBs release of his passport were not obeyed by junior government officials, where they arrested? NO.
Its happening like what Julius Malema said at his press conference yesterday of the Law applying to certain citizens and those who belong to the ruling party escape prosecution.
We are creating a Lawlessness country and we all know the consequences like in Somali. If People who report cases to the Police are the ones who get arrested, faith and protection from the Police is being lost. We saw it in Mangango, they attack you, you revenge or face them head on.
Do not take you id!ot!c arrogance and contempt to the courts
Now the tribal pack leader knows who holds the real power in our society.
Gen….The people are the ones who hold the real power mate. Most of them just don’t know it…..yet.
@ LOL
The real power is vested in the Judiciary as an institution and exercised by the judge
Mickey mouse kangaroo court indeed!
Political ball game.
Hichilema is scaring the hell out of entire PF & its cadres in constitution offices.
Keep dreaming!!!!!!!!!!!!!!!!!!!
Not necessary to waste time on people who have failed to ‘sell’ themselves by parading them at courts so that they get some publicity and become popular !!! What a lousy way to sell self. Well done court. Next case please !!
Kim, you have made my day. What a lousy way to sell self indeed. I wouldn’t be surprised to see HH one of these days parading himself naked in public in order to gain political sympathy. HH should change his style of politics or else he will end up in a political dustbin like General Miyanda.
HH is the man for Zambia right now. Why pesecute him. HH be strong & couragous, remember it is darkest just before down. Me vote will indeed count in 2016 for the better of my mother Zambia.
Stirflow mwaiche where ever you is, I guess your reasoning was sh!t yesterday, what say you? Nah forget it, I actually do not care.
Flip-flop judiciary in Zambia, the other day speaker of the national assembly objected to discuss Sata’s health and capacity to rule. Zambian law provides that law to be followed when that becomes the case as it is now. What next flip-flop, PF violence and murder, flit-flop, its flip-flop every where, flip-flop.
HH needs help. The cartel wants to divert his attention. The problem is some of his official only become active during his visits. Copperbelt for example needs a new crop of proactive officials. The environment is ripe for change.
LT at it again, in its headings. Is this scenario too confusing to the reporters – where a court grants an application to “stay the execution of a bench warrant issued against him earlier this week, pending hearing of an application to set aside the bench warrant”. It is staying, so that it may evntaully be set aside! Or you are already concluding that it will be set aside, therefore, you should also be cited for contempt?
So in zambia anyone who appears to be the next president becomes a prisoner or an enemy of the ruling party why everyday charges on the same guy. Why cant we start smart politics, are we still uncivilised.
LMAO!! Revelations of Sata incapability to continue as president will only be publicized when they cage Hichilema. For now it’s AUTO PILOT