Friday, March 29, 2024

LAZ gives Kabimba seven-day ultimatum

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THE Law Association of Zambia (LAZ) has given Patriotic Front secretary general Wynter Kabimba seven days to respond to a complaint of alleged legal breaches filed by former Health deputy minister Solomon Musonda.

According to a letter dated June 30, 2010 signed by LAZ administrative assistant Sipelile Mwilwa and copied to Dr Musonda’s lawyer, Sunday Nkonde of SNB Legal Practitioners, Mr Kabimba has been told to respond to the complaint ahead of the hearing of the case.

“Please find enclosed herewith a copy of the complaint received against your firm. Kindly let us have your response within the next seven days from the date thereof,” stated Ms Mwilwa.

Mr Mwilwa was writing on behalf of LAZ’s legal practitioners committee which hears disciplinary cases.

“Please note that the committee may proceed to hear and determine the complaint in absence of your response,” the letter reads in part.

Dr Musonda has demanded that Mr Kabimba be punished following his letter to the DPP in which he wrote that Dr Musonda was charged with a minor offence instead of a more serious one.

He stated that Mr Kabimba should not have used expressions such as ‘deliberate use of firearm against the victim by Dr Musonda,’ ‘circumstances of the case are so obvious and clear’ and ‘this is a mockery of justice.’

Mr Kabimba had written a letter to the Director of Public Prosecutions (DPP) complaining that the charge of causing grievous bodily harm with intent to maim by the police against Dr Musonda were inappropriate and asked the DPP to review the case before trial commences.

Dr Musonda in his letter to LAZ protested that Mr Kabimba was a senior lawyer who should seek to protect the credibility of the judiciary instead of passing comments that were intended to reduce the respect the citizens have for the judicial system.

Dr Musonda, who is a medical doctor, was arrested after he allegedly shot a PF cadre Jack Munsaka after he attempted to block the motor vehicle he was driving.

He was charged with one count of causing grievous bodily harm with intent to maim, disfigure or disable contrary to section 224 of the penal code of the laws of Zambia which Mr Kabimba said was not appropriate.

In his letter of complaint, Dr Musonda has asked LAZ to investigate and punish Mr Kabimba for allegedly breaching the legal practitioners’ rules by writing to the DPP without recourse for the respect of the judiciary.

The Chitambo member of Parliament, based his complaint on an article that appeared in The Post newspaper of June 22, 2010 describing the charge against the former minister as a mockery of justice.

The letter dated June 22, 2010 and copied to Mr Nkonde, the president of LAZ and LAZ secretary, states that Mr Kabimba breached rule number 32 of the legal practitioners practice rules, of 2002 under statutory number 51.

Charging that the letter to the DPP was allegedly in bad taste, bad faith and likely to diminish public confidence in the legal profession and the administration of justice, Dr Musonda said the writing was prejudicial to the administration of justice.

The letter authored by Mr Kabimba to the DPP states that “as advocates for Mr Jackson Musaka, we would like to observe that the charge against the suspect in this matter is nothing but a ‘travesty’ of justice if you take into account the circumstances of the case and in particular the deliberate use of the firearm against the victim by Dr Musonda.”

He also said the suspect should have been charged with a more serious offence.

“In stating the above, we are not oblivious to the fact that under the Republican Constitution of our country you are not subject to any authority in the discharge of your duties as DPP,” Mr Kabimba states.

Mr Kabimba urged the DPP to review and amend the charge in the interest of justice before the commencement of trial.

On the letter by LAZ, Mr Kabimba said he had not yet seen the letter and would comment on the matter when he does so.

[ Times of Zambia ]

16 COMMENTS

  1. Dr Musonda in my view should apologise to the victim, despite the legal jargon at play, the bottoline is that Dr Musonda almost killed a person. The DPP has his own reasons for arriving at that offence but a lay person like me this was attempted murder.

  2. Yes, LAZ is in order to call Kabimba becouse justice must be seen to be done. It is also true that no legal brain at LAZ or in the world can find Kabimba with a case to answer on the complaint. Dr. Solomon has a small brain, we can see it from his lawyers. They too have small brains hence they cant advise their client properly. The letter written by Mr. kabimba is legally correct, morally upright, intelligently sound and democratically progressive. No doubt, the letter from Dr. Solomon is a mare sign of desparation by a murderer who murderd in intent but failed in execution. VIVA Kabimba and VIVA LAZ abash Solomon and his team of legal dwafts.

  3. # 2, do not make yourself feel ignorant of the law. You are right that the correct charge should have been attempted murder. Am a legal man and yes the correct charge is attempted murder. The DPP has his own reasons, those reasons are not legal but political.Everybody knows that the correct charge is attempted murder.

  4. That is funny, the case is alleged improper use of language vs alleged illegal use of firearm. Jokers

  5. This thing called Dr Musonda is now behaving like a mad man. Even police shoot in the air as warning or atleast in the leg but him since his aim was 2 kill, he fired two live bullets at an innocent boy’s head. This country does not belong to his father. Its gud the case is now at high court. Musonda just wait for yo 15 years with hard labor in chimbwakaila mwana coz evidence against u is overwelming!! U thought u were a hero not knowing u are a big fool. Yo career is already dead and prison is waiting 4 u.Shame on u we mbwawe!!

  6. Dr Musonda’s complaint to LAZ is petty, malicious and frivolous and LAZ should have not entertained but thrown it out on those grounds unless they are party to the DPP’s misapropriation of justice

  7. This same complaint against kabimba doesnt make sense at all,how is it going to help his case,its not like LAZ will ask the DPP to withdraw the case from the courts.These are the last kicks of a dying horse now

  8. 1st we shall wait 4 the court to send this musonda to prison with hard labor but If the court fails,I will personally fly 2 zambia and revenge on behalf of my own poor relative. I will revenge at all cost by shooting this musonda thing in the head, also! It will take only one night and the bullet wil be in this musonda’s head. Mark my word. U cannot fool everyone. An eye 4 and eye! This musonda chap deserves stiff punishment. Like justice Sakala, since when since when did doctors become murderers? On this one its not over until u pay in full 4 yo sins, u dog musonda!

  9. The legal position is that Mr Kabinba wrote the letter before the DPP changed the charge from “a charge of causing grievous bodily harm with intent to maim” to attempted murder as the case was committed to the High Court. However, you may have noticed it was also reported in the same Post that “Dr Musonda, who was driving himself, had problems getting away from the confusion and it only took police intervention before he could hastily drive away from the scene that had attracted some attention from passersby”. I would have thought that they would re-arrest him and charge him with murder (which is not a bailable offense (thanks to Kafupi) who wanted to fix his rivals with his wife!

  10. Musonda should have been charged with attempted murder.

    Why should the law be lenient to the rich and powerful? LAZ should be thanking Mr Kabimba for being brave enough to do something about this situation. We all knew the powers that be only acted due to pressure.

    And yes, we have no confidence in the judicial system precisely because it is not independent and continually, unfairly prosecutes and persecutes the innocent or those who seek to speak for public interests. LAZ has been compromised. The corruption machine has reached them. The rules are there to ensure justice is done. This is not justice.

  11. How do you expect the public to have confidence in the justice system when it is run by Ernest Sakala – a man who is clearly partisan in his views and behavior ?

    Its biased and unreliable. Needs reform.

  12. What is going on in my country guys? Muderers chalenging layers? Let this thug Musonda go in, he muedered an inocent soul. Please we are tired of injustice in our judiciary system. Please clean the mess. But really how can you have justice when the Judiciary is headed by injustic cadre-Sakala????

  13. Whether musonda jumps, rolls on the ground or kicks himself, jail is waiting. These people are playing with the citizens’ rights, after 2011 round them all up (those with criminal cases) swiftly put them on their defences and jail them quickly, so we can all concentrate on rebuilding our nation. Talema nabo bachimbwi aba!!!

  14. Use of a weapon on a human being according to Zambian law will yield two possible outcomes.
    If the person does not die, then it is attempted murder.
    If the person does dies, then it is murder.
    Based on these two possible outcomes, the charge for Dr. Musonda must be attemppted murder. How difficult is it to come up with this kind of a charge? One does not need a law degree to arrive at such a decision. A grade 12 can do it.

  15. Developer, it’s not that simple. If the person does not die, it is not necessarily attempted murder. What were the extenuating circumstances? Did he know that he was going to meet the victim? Did he feel that his life was threatened? etc etc. In these circumstances, if Dr Musonda was charged with attempted murder it would be a straight acquittal.Much like the charge against Chiluba for stealing US$500,000 or that against Dora in the Zamtel saga. Wrong charges, wrong evidence.

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