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Tuesday, July 7, 2020

Kabimba and M’membe want their contempt case sent to High Court to determine constitutional issues

General News Kabimba and M'membe want their contempt case sent to High Court...

Wynter Kabimba and The Post owner Fred M’membe
Wynter Kabimba and The Post owner Fred M’membe

Former Minister of Justice Wynter Kabimba and The Post owner Fred M’membe have maintained that their contempt of court and libel case be sent to the High Court for determination of constitutional issues.

Defence lawyer Nchima Nchito said when the matter came up for hearing yesterday that the case should be referred to the High Court because the conditions on which the application was made are very clear and infringe on the constitutional rights of Kabimba and M’membe.

This is a case in which Kabimba, M’membe and The Post have been charged with contempt of court and libel.

Former president Rupiah Banda has asked the Lusaka Magistrate Court to cite Kabimba, M’membe and The Post for contempt of court for commenting on matters that are before the courts of law.
“The question this court should determine is whether this application is frivolous and vexatious,” Mr Nchito said.

He said the court’s decision to refuse the application for an adjournment on Monday has denied the accused persons time to prepare adequately.

On Monday, Mr Nchito applied for an adjournment to allow the defence to secure documents from other courts on which they can base their cross-examination of prosecution witness Newton N’guni.

He said the defence wanted to secure documents in cases in which suspended Director of Public Prosecutions (DPP) Mutembo Nchito appeared before three different courts over his alleged abuse of authority of office.

But Mr Banda’s lawyer, Sakwiba Sikota, said no-one is stopping the defence from accessing the documents.

Mr Sikota said the adjournment of the case should give the defence enough time to secure the documents and prepare adequately for the matter.

Principal resident magistrate Kenneth Mulife adjourned the matter to May 5, 2015 for continued hearing.

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    • So this Nguni guy is always in courts giving evidence on this, that and what not? What is this? How can you make a career of being a witness in all sorts of court cases? What sort of country allows this foolishness?

  1. What “constitutional issues” naimwe?? These guys think courts of law are meant for us ordinary citizens and they’re immune from prosecution. Zambia needs to set a precedence in this case.

    Twanaka naimwe ba pompwe!

  2. The vulture is spot on and am in total agreement with you.
    This is abuse of court process. Constitution guarantee freedom of expression but does not allow Mmembe to become courts of law to make or predetermine decisions of courts of law. Are they telling Zambians that a private individual has right to tell the nation that so and so is a criminal and must be jailed. Is this not the reason courts are established which Mmembe is usurping. They want their friends at High court to lock the case hoping for a change of government. This is the tragedy that Zambians find themselves in because of Mmembe and the cartel. But it will not work as things are clear. We know what he represents. Not responsible press but a political party masquerading as newspaper. He is finished.

  3. The Post has become a shameful embarrasing institution. They have completely abundoned their earlier mission of championing the rights of ordinary Zambians to becoming power demagogues! They are now a POLITICAL PARTY in the Name of RAINBOW.

    What a shameful ending to Mmembe!

  4. So this Nguni guy is always in courts giving evidence on this, that and what not? What is this? How can you make a career of being a witness in all sorts of court cases? What sort of country allows this f00lishness?

  5. The two chaps looks somewhat similar let alone the likeness in their thinking. Are they out to change the course of Zambia (again)? I think I quite like their guts. I would join their cause. This is what revolutionist are made of and my! doesn’t Zambia crave for some? The only trouble is one of them is a politician and the other is masquerading as a journalist or editor of a paper. To be fair he is also enigmatic in the way he operates which makes him lethal and probably the most hated Zambian alive today. Anyone who thinks he’s reached the end of the road will not know the complexity of the man behind those shades. Stop the naïve speculation the tide will soon change course, am in!!


    HH 2065

  7. The cartel in this case did nothing wrong;legal experts can comment on cases before the courts and its upto the judge to ignore public comments.those who reside in usa know that cnn ,fox,washingtone times have legal experts commenting on public cases under the courts.eg travon martin,jessie jackson jnr,and the current Bartmore edge .zambia should reform its judicial system to suit modern man unlike the current slave master law.

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