case
President Michael Sata waived his immunity the moment he subjected himself to the jurisdiction of the Lusaka High Court because the shield of Presidential immunity was not intended as a spear to disparage, defame and malign citizens, State Counsel Eric Silwamba has told Lusaka High Court judge Florence Lengalenga.
“The plaintiff has brought himself into the jurisdiction of this court and cannot be heard to use immunity.” He said, referring to the evidence President Sata gave when he disparaged the professional competence of prominent Lusaka Lawyer Vincent Malambo early this month.
“This court has inherent powers to protect non-parties from being defamed especially where the person involved is an officer of the Court.” Mr. Silwamba told Judge Lengalenga who is presiding over the matter.
Mr. Silwamba was responding to objections against prominent Lusaka Lawyer Vincent Malambo to join the case in which the President has sued the Daily Nation for defamation following the publication of a story that he was shielding his friends Mutembo Nchito the DPP, Fred M’membe the owner of Post Newspaper and Nchima Nchito- all directors of the defunct Zambian Airways from paying back K14billion to the Development Bank of Zambia which according to Judge Nigel Mutuna was obtained by fraudulent misrepresentation.
Order 15 of the laws, he said, conferred wide discretion on the court to join parties, even against the wishes of the plaintiff.
The shield of immunity attached to the presidency as an institution, he said, was not licence for the office holder to use as a spear to execute malicious defamation of individual, because such defamation during court proceedings was not protected by law.
Instead, he said, the court enjoyed wide discretionary powers to join individuals whose character and professional standing would be injured by such court proceedings.
The President, he said, could not enjoy immunity to maliciously defame and injure the professional standing of an individual, such as Vincent Malambo, a lawyer who was also an officer of the court.
Earlier, one of the lawyers representing President Sata argued that Vincent Malambo could not be joined to the proceedings because the President enjoyed immunity and that the Lawyer had no interest in the matter.
In response, Mr. Silwamba described as a strange argument advanced by the complainant suggesting that immunity consideration precluded Mr. Malambo from joining the case.“Admittedly Article 43 of the constitution grants the plaintiff immunity, but this immunity is not absolute and cannot be used as a spear to injure other people.” The Supreme Court, he said, had already given guidance that the President was not above the law, hence was bound to observe the law. Earlier, President Sata’s lawyers apologised for submitting their document late as a result the defence could not offer comprehensive arguments against the objection to Malambo’s joinder application.
After discussion, it was agreed that Mr. Silwamba would submit his submission Monday Morning and a decision would be rendered early in the week to ensure that cross examination of the President scheduled for Tuesday June 24 and Wednesday June 25 would take place.
“submit his submission”? Maybe I’m wrong, but ba LT i think apa mwafipenya
This is playing out to be an interesting case.The President seems to have not read the memo that he is NOT above the law as has been evident by his so far reckless behavior since he assumed power. Looking forward to the cross examination.
It is amazing and since when did we hear in any country the sitting president to appear in the court of law and became a lawsuit? It is not right because the court wears on his name as ‘In the name of the PRESIDENT ‘ and above all the lawyers unless his immunity is removed. I am a lay man but what prevailed I totally condemn it. Musebanya ukusanga mwinemushi muchilye. This is very strange to us Zambians.
Eric Silwamba for Minister of Justice.
If there was a democratic president after Chiluba, then it is Sata. The man was supposed to be great, unfortunately the good people never joined him they stayed back in UPND after the pack broke down.
the difference between presidency and president is what will take this immunity thing a non-starter. you cannot sue the presidency and the presidency enjoys immunity.
Iyeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee to bad for my lecture.
What the other guys forget is that as long as the President is in office he enjoys immunity whether he goes to court or not. A former President is another issue. A former President would loose his immunity if parliament lifted it but when parliament hasn’t lifted it but decides to go to court he would still have immunity. In doubt if the president will go for the cross examination and no one can do anything about it. Yes the President is not above the law but will only answer to those after his term of office finishes.
You are right! He won’t go to court because he has now gone for a meeting in Equatorial Guinea
You are a plonker! You do not understand legal principles. No one is above the law, not even the president. He operates within the law. Unfortunately, because of weak institutions in Zambia, the relevant bodies/institutions have no powers to exercise their mandate.
@Mfumu u r right. Sata shud play his Politics well he will b caged if he is trying to play with the Law. He is just a Human being who goes to toilet like any other.
Poor analysis of issue. Why should you restrict your mind to think that only parliament can remove the president’s immunity? Its like reasoning that since parliament invoked the immunity, then only parliament can revoke it. But did parliament invoke it? NO. But parliament can revoke it, YES. In like manner, there are ways in which immunity can be lifted, parliament being one of them, subjecting oneself before a court of law is another. Fidel Castro once said, “if you don’t know, be wiiling to learn, if you know, be willing to teach”. Fear not, for in abundance of water, a fool is thirsty.
Much love.
Leave sata alone, too daft to understand legal issue, I blames. Oh! Zambia is illiterate so no one to blame illiterate President illiterate country case dismissed
MR SATA SNEAKED OUT OF THE COUNTRY LAST NIGHT FOR UNKNOWN DESTINATION AND HE MIGHTY NOT COME VERY SOON DUE TO HIS DETERIORATING HEALTH CONDITION THE CHANCES OF COMING ALIVE ARE VERY SLIM,IN AN EVENT HE DOES NOT COME TO ATTEND COURT CASES,IS HE GOING TO BE CITED FOR CONTEMPT OF COURT?
Trigo -you r such a silly fool. When a person who enjoys immunity decides to go to court by way of taking a legal suit, he/she waives the privilege of immunity. It’s that simple
This photoghraph, abantu bali nefyunsu (long hair).
Unfortunately, the culprit who damped his Presidential immunity so as to go to Court in order to protect a clique of shameless thieves who fraudulently got K14 Billion from DBZ, has disappeared into thin air on grounds of his “healthy fitness” status.
Gone are the days when KK’s CITES NEVER tolerated the rampant pilfering of the Tax Payers money. Zambians have suffered to the most extreme levels of tyranny. God Hear Our Prayers – and redeem us from an evil system.
Immunity is a privileged position that in some instances maybe waived like in this case the President waived his, which by law he is allowed to do. There are some privileged positions that cannot be waived unless there is permission either from the court or an interested party.
However, in the case of Chale Katongo, these learned men should just feel sorry for him honestly. I think he was not properly advised by his lawyers and one dull legal mate by the name of Winter. He should also plead that his mental faculties were not of order. How can he survive against the legal brains that are representing Richard Sakala?
soon we will be voting and mind u for HH.