LAWYER’S representing President Michael Sata in a matter in which he has sued the Daily Nation newspaper for defamation of character, have asked the court to dismiss an application by Lusaka lawyer, Vincent Malambo to join the defence team.
Mr Sata has charged that Mr Malambo could not join the defence team because he has no interest in the case.
This is in a matter in which Mr Sata has sued Daily Nation proprietor, Richard Sakala and University of Zambia (UNZA) lecturer, Choolwe Beyani over an article published on May 16, 16, 2012 entitled “Malambo’s removal criminal”.
Mr Malambo has applied before Lusaka High Court Judge, Florence Lengalenga for an order for joinder of party stating Mr Sata injured his feelings when he testified before court that he could have been dismissed because of incompetence.
Mr Malambo was dropped from representing Development Bank of Zambia (DBZ) in the matter in which the bank had sued defunct Zambian Airways and its directors.
But Mr Sata’s lawyers Messers Ellis and Company have in their skeleton of arguments in opposition to Mr Malambo’s summons asked the court to dismiss Mr Malambo’s request.
Mr Sata said that it was clear that Mr Malambo has no interest in the matter because the action before court is centered on the article published by Dr Beyani and the Daily Nation.
He said that there is nothing in the article that would prejudice and cause Mr Malambo to suffer professional injury and personal integrity.
“On the contrary the article prima facie injures the plaintiff, Messrs. Fred M’membe, Mutembo Nchito, and Nchima Nchito” Mr Sata said.
Mr Sata further contended that Mr Malambo could not rely on words or statement attributed to him when he was giving evidence to apply for a joinder, as such, statements were not actionable.
“Statements made by a witness/party in court during the course of judicial proceedings are not actionable, and can therefore not be the basis of an application for joinder as there is no likelihood of future litigation” he said.
“It is our submission that the applicant herein has not demonstrated his interest in the subject matter of this action” Mr Sata said.
Mr Sata said that Order XIV of the High Court clearly states that a person who is not a party to the action can only be made a plaintiff or defendant adding that nowhere in his affidavit in support of the summons for joinder does Mr Malambo allege that any words in the article entitled “Malambo’s removal criminal” are defamatory of, or have injured him in any way.
The matter comes up for hearing of the joinder application today.
Tell me if there will be cross fire or is it cross examination. I want to seek permission frm my boss to attend court. Please help.
Cabinet office must declair a national holiday and ZNBC must broadcast live. Am sure uncle mwango will be hitting back like: “YOU ARE FAKE LAYWER. This will give us a good laugh and we shall even stop n forget about the NEW CONSTITUTION.
The level of ignorance expressed by some bloggers is just astounding.
In Zambia we love politics very much such that whenever there is any economic article on LT, there are less than ten comments on average because the economic articles are beyond the comprehension of most average bloggers.
Even in this article read and understand the evidence adduced and arguments proffered
ba pf just let malambo join the team because I like the intelligence of the man with his probing questions. if sata has nothing to hide let him be open and free to answer questions from any angle and quarter. how I wish it could be televised so that the country can have a light moment of laughter
He shouldn’t be in court, the president surely is above the law
I see him winning the case as a rehearsal of 2016 elections.
Thanks
Uko! Fearing by the president of the so called incompetent lawyer.
Sata said mr malambo could have been removed due to his incompetence…mean lack qualification or the inability to do the work,this to me is injury,as mr malambo has to prove that he was competent as a lawyer.so he is an interested party.this is a dead end case as sata will have no much memory of the words he mentioned.dead end route.
What a circus going on. As poor people are dying of starvation, big boys are going to court wasting time. shame to you all!
What is he fearing of, Let Malambo to join in this case. Let Malambo prove his innocence.
Sata(lassa lassa) is a foolish president instead of developing the country and creating jobs.Sata instead wants to be a clown in court.Sata you are just a failure period.
dogs ba ka bwa running the country
The economy is in a downward spiral and the old man has time for this…I hope he turns up so he is exposed for what he truly is an arrogant empty tin and that he is the wrong man for that office.
@Jay Jay,
You’re 100 % spot on! ‘Arrogant empty tin’ indeed.
Yaba but wa mweba kaa… such word a man can hang himself, be fair guys, he has feelings too.
@Nostradamus
Things are bad mwe! looking at the latest image of Sata from ZNBC on zambia reports,,, awe shuwa the president has a hard time breathing,,,, i just wonder which gun in the 7 gun will my anutie bo inuntu suba will inherit… because am in my anutie`s will you never the gun might end up with me
Please Mr. President step down. You are unwell and that job demands energetic people. Wish a quick recovery.
I think you are right. Why can’t Chellah and others closer to the President advise him to go to see Prophet T.B. Joshua in Nigeria for quick recovery? This is a serious issue? Even Dr Kaunda could advise the President please, please.
Zambianwatchdog has produced the latest picture of ” bakateka” ba Sata under the caption: “people who want to kill the Chinese must kill me first”. Bane, ba mudala palipwa. Dead man walking. Now I understand why HH and Kabimba are busy campaigning. I dont understand why other political parties cant start campaigning. Sata anafa kudala. From that picture, any dead person looks more alive than him.
I don’t know which law Vincent wants to use to be joined to this action.
Sad when lawyers choose to play politics with clear and straight forward cases such as this one
wonder what the old man is smoking these days?!
Since when did old age of a person become an issue?
“…Mr Sata has charged that Mr Malambo could not join the defence team because he has no interest in the case….” Sir, what if Malawian jurge Chikopa was the one presiding? What ‘interest’ would he have been said to have in this case? Your appointment of judge Chikopa in another case must take the precedence. Therefore, Mr. Malambo is an ideal part of the package and should be considered part of the menu for the defense! Good luck.
Malawian Judge Chikopa …. not jurge!
Fear of being embarrassed by the learned friend
It Is a pity that this Law Firm, Messers Ellis and Company, is reducing its team of legal officers to a bunch of nonentities, too frightened to face lively debates in the Courts of Law.
If the Messers Ellis and Company was a credible and had valid legal grounds to wage battles on behalf of a President who has stripped his immunity by being dragged (by Kabimba, Mmembe & Nchito) to Courts of Law, this Law Firm should have upheld its professioan pride by allowing an equally good defence team to display the real game art of Law in Courts of Zambia. Other potential clients will think twice before approaching such mediocre Law firms to represent them in Courts..
MR. MALAMBO HAS A RIGHT TO JOIN IN BECAUSE HIS NAME WAS BROUGHT INTO DISREPUTE
LET MR. MALAMBO BE ALLOWED TO QUALIFY HIMSELF. ITS UNFAIR TO SIMPLY SCANDALISE OTHERS AND THEY CAN NOT BE LISTENED TO. I WANT THIS INTELLEGENT MAN OF AFRICA COMBINE THE LEGAL INTELLECT WITH HIS COUNTER PART ERIC SILWAMBA. I TRUST THAT THE LEGAL WAR HAS JUST STARTED.