PRESIDENT Banda’s lawyer Christopher Mundia says he will resume contempt of court proceedings against Post editor-in-chief Fred M’membe in the Lusaka High Court.
This follows the Supreme Court’s decision to dismiss the Post’s appeal in a case in which Mr Banda sued the company for defamation of character and contempt of court.
“We are going to apply to the court for new dates of hearing contempt proceedings. As soon as the court gives us fresh dates, the case will resume,” Mr Mundia said in an interview in Lusaka yesterday.
Last Friday, the Supreme Court dismissed the whole appeal with costs to Mr Banda on grounds that it has no merit.
The appeal was against Lusaka High Court Judge Charles Kajimanaga’s ruling which dismissed two preliminary issues raised by The Post in contempt proceedings against M’membe.
On September 26, 2008 Mr Banda, who was acting President then, filed a writ of summons and statement of claim in the High Court to seek damages for defamation by The Post.
Through Mr Mundia, Mr Banda simultaneously applied for an ex parte order of interlocutory injunction to restrain The Post from publishing libellous words against him.
The ex parte order was granted on September 27, 2009, but the next day the newspaper published allegedly defamatory articles, which were perceived to be a defiance and disregard of the injunction order the court granted earlier on.
Mr Mundia then filed summons for leave to commence contempt proceedings against M’membe.
But on October 2, 2008 The Post, through its lawyers George Chisanga and Remmy Mainza, raised two preliminary issues.
The first preliminary issue was whether it was proper for Mr Mundia to swear to the affidavit on behalf of Mr Banda in such a highly contentious matter.
The second was whether the ex parte order for leave to commence contempt proceedings, granted to Mr Banda, must be vacated on grounds that such an order is provisional and is liable to be vacated on sufficient grounds.
In his ruling, Mr Justice Kajimanga said he was satisfied that the affidavit in support of an ex parte application for leave to commence committal proceedings was properly deposed and he accordingly dismissed the preliminary issues.
This prompted Mr Mainza and Mr Chisanga to appeal to the Supreme Court where Mr Justice Silomba and Supreme Court Judge Peter Chitengi heard the appeal.
In his judgement, Mr Justice Silomba said the Supreme Court clearly understood that Mr Mundia’s application for leave to commence contempt proceedings against M’membe was in compliance with procedure under Rule 2(1), (2) and (3) of the Supreme Court Rules.
[Zambia Daily Mail]
Animal farm! One has both the immunity not to be sued and the right to sue but the other one has only the right to sue with very few chances of winning.
I wish i was the lawyer….RBs, the guy will mint
Keep the baggga in court until he is caged.
Time to make money out of this homo…the bazungu will giv him money for yakumboyo.
#4Thief Lawyer….you must be of a similar makeup to be so knowlegeable about somebodys private life. You must be a parttaker to be privy to this information! Kettle calling the pot black!
#4 You are not normal. How can you know these things unless you are a comrade in arms. Its a pity that you Zambians behave as KALIMWITOBO.