THE Supreme Court has set December 18 this year as the date in which it will deliver judgement in an appeal case where JCN Holdings, Post Newspapers Limited and directors of the defunct Zambian Airways Directors were ordered to pay Development Bank of Zambia (DBZ) K14 billion debt.
This was in a matter in which JCN Holdings, Post Newspapers editor-in chief Fred M’membe and former Zambia Airways director Mutembo Nchito had appealed against the Lusaka High Court judgement that ordered them to pay K14 billion sought by the bank.
They also asked for a stay of execution of the judgement.
In a notice of hearing to all parties by the master of Supreme Court, Yorum Mwale indicated that they should all be seated by in Court room 2 within the Supreme Court building by 09:00 hours on December 18 this year.
“Take notice that the above appeal will be heard and determined by the Supreme Court sitting to be held on December 18 2013, a bench of Supreme Court judges will be constituted and announced later,” read the notice.
The appellants claimed that High Court judge Nigel Mutuna erred in law and facts when he passed judgement in a matter which was discontinued by the bank to facilitate investigations on how the files moved from the one who was in conduct of the matter Mr Justice Dennis Wood.
Judge Mutuna had ordered in his judgement that JCN Holdings, Post Newspapers Limited and Nchito pay K14 billion to the bank with interest at current rate.
He ruled that there could be no stay of proceedings before his court or any other court for purpose of facilitating investigations by the Minister of Justice or indeed the executive as a whole.
“Arising from my findings…it is clear that the first and second defendants’ application is not only misconceived but bereft of any merit. Their predicament is compounded by the fact that the issues they are raising now in relation to the reallocation of the record to this court, transfer of matters between courts and procedure for refusal were dealt with on 25th August, 2011…,” judge Mutuna ruled.
The Supreme Court bench that heard the matter included Justices Florence Mumba, Florence Lengalenga and Muyunda Wankie.
No time for such….who doesnt know da outcome,of course da be found free.
They wont be jailed as they have the backing of the very people to deliver judgement as well as the Old Serpent.
We ALL know that if anything happens against these “powerful” beings, PF will be in very serious shht.
Therefore……
……dem niggaz is scott free.
Sadly.
We all know the verdict. The Supreme Court will rule that the High Court judge misdirected himself and henceforth the appellant has no case to answer and forthwith at no liberty to pay back the K 14 Billion Kwacha in old currency. There goes our K14 Billion in the drain. This is the reality of life in Zambia if you are connected to the ruling elite you will always have it ease.
The Supreme Court should look at the bigger picture in this matter.Public Funds through DBZ were borrowed fraudulently by persons who knew that their company would have no capacity to repay.One of the accused is on record to have forged High Court documents for which he remains unpunished to date.The DBZ officials who tried to withdraw this matter from court have no right to do this as it involves tax payers money.The movement of files from one Judge to another cannot be used as an excuse to deny Zambian from crooked debtors repaying the Loan.Zambian will expect nothing from this Supreme Court other than the repayment of this Loan with accumulated interest.
It’s a fore gone conclusion, the Judgment is in favour of thieves (K14 billion) and liars (perjury); Fred Memmbe and Nchito Cartel:
Indeed this gonna be , STUPID JUDGMENT BY STUPID JUDGES!!!!
Lombe chibesakunda is a menace to society cursed is the day she was born, all the public confidence in the Supreme Court has been eroded. Where next for Zambia if the rule of law is suspended by the very govt! Its time to arise, Zambians!!!
The difference between stupidity and genius is that genius has its limits and is easily corrected. I don’t know about stupidity and Lombe’s Judiciary…….
This case is not a criminal case bamumbwe imwe! Even if Membe looses he will just be liable to pay thats all. They can even pay in 10years from now
Pls lets give respect to our courts! Some of you want every ruling to end at the high court. NO!
Everybody knows the outcome.
what is it?
With this rotten judicial system its a foregone conclusion…no case to answer,insufficient evidence,nolle prosequi give me all the jargon.
Its just painful to see how our judicial system is violated and raped left right and centre my heart bleeds
We want these two jailed. But the problem is they have the backing of the very people to deliver judgement as well as the Old Serpent.
They cant be jailed. this is a civil and not a criminal case
bushe kanshi ubututu imwe ukaleka lilali?
Stopping assuming and wait for the ruling out come. i predict the Supreme court to up hold the high court ruling
Lets wait and see. You may just be surprised by the judgement. Ala LESA tashipula
Forgone conclusion insufficient evidence, nolle prosequi,whatever !! my heart bleeds seeing how our judicial system is raped ,violated left right and centre.
My only faith is in natural justice. And as the saying ‘Karma is a Bitch”.
We already know the outcome. The criminals will be let off by the Chibesakunda Supreme Court at the service of a criminal , tribal and nepotistic cabal.
Mr Mpombo’s conviction has set a precedent. Let us wait and see. Anyway, whatever the court will decide, tax payers’ K14bn (old currency) must be recovered.
How did Mr Nchito become head of government prosecution wing (DPP) when he was facing such serious charges? I am sure the appointing authority is looking foward for an opportunity to get rid of this sore thumb from the system. He must follw the PS from Cabinet Office.
Unlike Fred Memmbe and Nchito, Mr Mpombo’s conviction was his error of judgement- opposition to govt, if he was a bootlicker, Aaaaaah acquited like Kapoko and Judge chikopa……….
orgone conclusion insufficient evidence, nolle prosequi,whatever !! my heart bleeds seeing how our judicial system is raped ,violated left right and centre.
My only faith is in natural justice. And as the saying ‘Karma is a Bitch”.
He was NOT Zambia Airways Director; he was ZambiaN Airways Director. A letter makes a whole lot of difference. LT sit up!!
And is the high court judge Dennis Wood or Albert Wood? LT
We all the corrupt Supreme Court will declare them innocent and advise them not to borrow money in future and to crown it all will ask that Mmembe and Nchito be instead paid another K14billion by tax payers. This is how weak Zambian female judges roll!
Its a trick to lose at high court and win at supreme court.
As Zambians, let us prepare to rise up and claim our money on the day judgement will be delivered… These judges are compromised and the verdict is already known to be in favour of the Nchitos and Mumembe..
Sata is unpredictable,
They will be ordered to pay back ,but without interest and easy repayment plan.
Comment reserved till after 18 Dec 2013 which is just around the corner.
This is a test of the judicial system and its time it redeemed itself. I want to see how independent Florence Mumba and others are. This should mark the end of the Post as we know it.
Another no complainant case. Usually institutions like DBZ are politically inclined. Anyone with the correct connections can borrow money and should not bother to pay back as long as they stay in good books with the major shareholder, in this case GRZ , i suspect.
What became of Malawi judge Lovemore Chikopa?
He was last seen playing foorball against the law association of zambia he scored the two goals for the malawian team of lawyers but lost 5-2 and 10-4 on aggregate
can we all zambians who decry this nonsense these guys are trying to stuff down our throats turn up enmasse at the supreme court buildings so that these judges know that we mean business.
Date: Dec 2016
LATEST
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ZAMBIA IS IN DARE NEED OF A “THULI MADONSELA” SUUUUUURE
If the powers that be are able to read these blogs, I hope they can see how little faith Zambians have in the Judiciary, legislative and executive arms of Government. In all truth and fairness, Nchito and Mmembe advocated for Justice Lombe Chibesakunda to be where she is and also for Florence Mumba to be where she is. They advocated for removal of Judge Kajimanga, Phillip Musonda and Nigel Mutuna. Now with all these mechanisms in the background, does one expect Florence Mumba to be professional? The judgement is coming only now because all the groundwork has been covered. The judgement has been done already and 18 December is just a formality. Zambians, we have been taken for a ride and we are paying heavily for it.
cage the big bum chaps..they stole our money!!we need our money back..
From the above comments,you tell tell that the majority of bloggers,if not all,know little about this case.Yes mmeembe is winning not that he is a crook,but he doesnot owe DBZ any momey.Mmeembe actually bought shares in zambian airways when it had already contracted the DBZ loan.Zambian airways borrowed from DBZ and it is zambian airways that is suppose to pay back,simple and straight forward.Already LT is not telling the truth.The appeal is not about the movement of case file,but mutuna’s judgent.Mutuna raised issues in the judgement that were never raised in the hearing.Was the loan guranteed or not? DBZ has to get their money from Zambian Airways,full stop.
@ Kalu
You have raised pertinent issues and I have to give you a pat on the back. My question is; now that Zambian Airways is no more, who is supposed to pay for that loan? In next week’s judgment, are the supreme court judges likely to pass a ruling on who should pay back the loan?
@The chosen one,it is ZA in Liquidation which is suppose to pay.It is not neccessarily the court that is suppose to say who to pay,every one who is politically neutral knows who is suppose to pay.Any one who has done bussiness course knows this, but people choose to ignore facts,they go for political expedience.This is suppose to be a very simple and straight forward case,but politics are involved.Remember,it is RB who started this,using his 3 corrupt judges to fix perceived political enermies.If there is any businessman here in zambia who has been heavily scrutinised by govt machinery and found to be clean,it is mmeembe.That is why I admire him as a businessman.Very few businessmen can stand scrutine in terms of taxes payments ,but mmeembe is able to account for every ngwee that he has.
@kalu
The Zambian scrutiny system is outdated and porous ,it can clear any thief.
This is where the 2016 tripartite election result will be determined.
If they lose, Sata wins.
If they win, Sata loses.
I am sensing a tinge of superstition in some comments here. Of course the case will go only one of two ways – it is like betting on the heads or tails of a coin flip before it is even flipped. I would love to know the arguments in the case and the rationale that will be used to arrive at a judgement. Hence I reserve my predictions.
That tinge of superstition is accompanied by a teeny weeny bit of fatalism and cynicism…
Finally the hour of reckoning has come….Fat Desk Lawyer and his mate Accounts clerk turned journalist and night school lawyer are before the Supreme Court! They have tried to stop this from happening through three means..1. Use a tribunal to show that Hon. Mutuna’s ruling was fraudulent hence go scotfree. 2. Ensure government has user friendly bench to hear their appeal rule in their favour and 3. Use political muscle which included favourable editorials in favour of MCS…bottomline? It has failed in their favour they have had time to gather some grz contacts for their trucks etc so they will be ordered to repay principle and then reduced interest from the time the company went under….The judges are setting precedence and they are well schooled…They wil be ordered to pay back
All should remember mulandu taubola and of pf will not be in power for forever. Judgement will be infavour of the cartel
We already know the outcome. Mmembe himself wrote the judgement and we are told to wait until next week to be told what we already know.
THE WHOLE ISSUE HAS NOTHING TO DO WITH M’MEEMBE OR NCHITO PAYING. BUT RATHER IT IS BECAUSE THIS IS THE MOST FEARED GROUP BY THE OPPOSITION. THEY THINK THAT IF THE DUO ARE FORCED TO PAY K14 OR IS IT K38 THEN THEY WILL CRUSH BEYOND RECOVERY.
YES WE ALREADY KNOW THE OUTCOME OF THE JUDGEMENT BECAUSE IT IS SO SIMPLE AND CLEAR. THEY ARE NOT GUILTY OF ANY WRONG DOING. THE BUSINESS BECAME BANCKRUPT. THEY WERE RUNNING A LIMITED COMPANY. AND CANNOT BE FORCED PERSONNALY IN THAT ARRANGEMENT TO PAY FROM THEIR POCKETS. ZAMBIAN AIRWAYS IN LIQUIDATION OWES THAT MONEY TO DBZ. JUDGE MUTUNA WAS ENGANGED BY RB TO PUNISH HIS ENEMIES. RB FAILED TO PROVE THAT NCHITO OR M’MEEMBE LOOTED THE LOAN. THEY DID A FORENSIC AUDIT OF ZAMBIAN AIRWAYS AND ONLY DISCOVERED THAT THE LOAN WAS USED ON ROUTINE, EXPENSES.
SORRY THE K14 AND K38 ABOVE ARE SUPPOSED TO BE IN BILLIONS. LET US NOT BE VENGEFUL. NCHITO AND HIS BROTHER TOGETHER WITH M’MEEMBE ARE VERY HARDWORKING HUMBLE PERSONS. BUT THE BITTER WILL ALWAYS GO TO GREAT EXTENTS OUT OF ENVY, JEALOUSY AND FEAR TRYING TO “PULL HIM DOWN”. GOD BLESS NCHITO. YOU ARE OUR HERO AND MANY OF US WILL WANT TO IMITATE YOUR HARD WORK.