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.