Lawyer Eric Silwamba asks Winnie Zaloumis asked retract her statements or face legal ramifications

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Lawyer Eric Silwamba speaks during the wedding ceremony of Masuzgo Kaunda Junior (grandson son of Dr Kenneth Kaunda) and Makomba Silwamba (daughter of Eric Silwamba) at InterContinental Hotel in Lusaka
Lawyer Eric Silwamba

MMD lawyers have asked Winnie Zaloumis and to withdrew her statement in which she has created an impression that former Party President Nevers Mumba was reinstated as Party leader or face contempt proceedings.

MMD lawyer Erick Silwamba said the comments by both Mr. Mumba and Ms. Zaloumis which were issued after the Supreme Court ruling are clearly not a correct reflection of the Court Judgment hence should be withdrawn or face legal ramifications.

The MMD Counsel further said Ms Zaloumis attempted to misinterpreted a Supreme Court ruling with the view of misleading the country.

Mr Silwamba has since given both Dr Mumba and Ms Zaloumis 24hrs to retract their statements or face legal ramifications.

The Supreme Court referred the issue of MMD leadership back to the High Court with Zaloumis rushing to the media to claim the appellant court had reinstated Mumba as its leader.

Below is a letter to Mumba and Zaloumis’ lawyers.

Dear Learned State Counsel and Counsel,

RE: WINNIE ZALOUMIS (Sued in her capacit y as Acti ng National Secretary for the Movement for Multiparty Democracy) VS. FELIX MUTATI AND THREE OTHERS – SCZ/8 / 156 /2016

Reference is made to the above captioned matter which is pending delivery of

Judgment on Wednesday, the 3rd day of August, 2016.

It has come to our Client’s attention that your Client Ms. Winnie Zaloumis after the conclusion of the hearing on Wednesday, the 27th instant issued a press statement in the precincts of the Supreme Court of Zambia which was captioned by Muvi TV and broadcast during the Muvi TV Main News at 18:30hours wherein she stated that the Supreme Court of Zambia had ordered the reinstatement of Mr. Nevers Sakwila Mumba as President of the Movement for Multiparty Democracy (MMD). This statement was also published on the Muvi TV website (http://www.muvitv.com/2016/07/27/supreme-court-reinstates-dr-nevers-mumba­ as-legitimate-mmd-president/), her exact words as follows:

“She says today’s judgement effectively reconfirms the status quo of Dr. Nevers Mumba as President of the MMD with all the other legitimate office holders.

Ms Zaloumis says Felix Mutati therefore maintains his expelled status until the court makes another order. She says Rafael Nakacinda also remains suspended from engaging in any party activities.”

Ms. Zaloumis’s statement has also been followed up by several media appearances by Mr. Nevers Sakwila Mumba on Radio Phoenix and an interview with Muvi TV news where Mr. Mumba states that he has been reinstated as MMD President. The comment by both Mr. Mumba and Ms. Zaloumis are clearly not a correct reflection of the Supreme Court Judgment.

The correct position as you know is that the matter has been referred back to the High Court of Zambia for determination of the validity of our Client’s Presidency which your Client impugns. The two statements are clearly meant to prejudice the Supreme Court and High Court proceedings and as such contemptuous.

We therefore demand that your Client issue a statement within twenty four (24) hours retracting the misleading statements that they have made to the Public, failure of which we have instructions to institute Committal Proceedings in. the Supreme Court of Zambia without further recourse to yourselves.

Yours faithfully,

ERIC SILWAMBA

LEGAL PRACTIIONERS

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33 COMMENTS

  1. Is this news?

    My two children were fighting just outside the house about who would be the first to use the toilet. Can you please write a news item about that? Much more newsworthy.

    MMD is dead. Why are these clowns fighting over who owns the corpse when it is going to be buried in a few days time?

    And these immature clowns think we should trust them to run the country!

    What a joke!

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    • That Silwamba is another sellout like Sakwiba Sikota, they only feast on government and political party exorbitant legal fees.

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    • It is news because it shows you how cunning Nevers Mumba is and a person who is supposed to be morally upright than most of us. How sad! And Free Slave I hope your children sorted out who was more pressed or perhaps the younger one shd have used the toilet first.

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    • If lawyers cannot interpret the law, then who is going to help us, Dear God. If a matter is referred to the original court after quashing that court’s decision, any rational being will conclude that the status quo, before the decision of the lower court, is maintained. In this particular case, Mumba was president before the high court made it’s decision to recognise Mutati. The supreme court has ruled that the decision of the high court was in their understanding “extremely shocking”. So until the matter is determined again, Mumba remains the President and the MMD convention illegal. I think the Supreme court judges will be extremely surprised to receive a suit from Mr. Silwamba but he will have received his cheque anyway.

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  2. Wittingly or unwittingly out of greediness, arrogance and pride emboldened by protruding ignorance, Brother Nevers Mumba has turned himself into a father of shameful acts. Too many inescapable criminal conduct devoid of righteousness and moral insurance. How long can the name of God be brought under rebuke, contempt or shame? I despise his measure pride and insatiable appetite for power without common sense or wisdom to read seasons and circumstance. Had he been a democrat, he could have easily escaped all this without waiting until he has been wantonly exposed that he is a no brainier noise gong, another Jean Bertrand Aristide allergic to popular will and competition. Winnie Zaloumis is a guinea pig exploited for her ignorance and lack of self-esteem. Nevers like useful i.d.i.o.t.s…

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    • Take it easy ‘Senior Citizen’… do you even read what you write? Just because Nevers Mumba chose not to ride with Lungu in the PF boat doesn’t make him any more ungodly and unrighteous than ex-Father Frank Bwalya.

      As for the contempt threat that Silwamba is issuing I personally think it’s a worst of time and resources. If the supreme court sent back the case to the high court for judgement, then Zaloumis or Mumba have every right to interpret that the status quo still stands until a ruling is issued.

      And really if the judgment is coming up soon, why not wait until it is passed and let them be proven wrong then. I think politics is in Zambia is abusing the courts and wasting their valuable time. I reckon quarrels like the MMD’s should never go to the supreme court, not even…

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    • continues

      I reckon quarrels like the MMD’s should never go to the supreme court, not even high court. Let a magistrate court handle such issues unless human rights and other constitutional rights have been violated.

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    • @maverick I totally agree with you. Its a status quo situation because the matter has been sent back for determination and until its settled Nerves and his admistration continue. Its actually Silwamba who is trying to mislead people here. Infact he should order Mutati to vacate the offices before Nerves cites him for contempt of court.

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  3. “MMD lawyers have asked Winnie Zaloumis and to withdrew her statement”

    First of all this is not Headline news. Trash.

    Secondly this type of writing makes LT cheap. Are your editors getting paid below the minimum wage? Don’t degrade yourselves to the gutter. What type of writing is this? What’s that statement supposed to mean?

    LT as the leading balanced online media in Zambia we expect you to give us better writing.

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    • How about this strange grammar for headline:

      Lawyer Eric Silwamba asks Winnie Zaloumis asked retract her statements or face legal ramifications

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    • Chalipi good observation. That’s why we urge LT editors to take their followers seriously and improve on their writing.

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  4. Grammar or editing? Sometimes our writing (LT & journalists) can be pathetic! Good observation @Jouito!

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  5. Please! please! please! please! please! please! please! please! please! please! please! please! please! please! please! please! please! please!
    Can Never s Mumba go back to the drawing board.he must follow the lost sheep!sheep!GOD is not happy.

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    • What did the High Court decide? I thought the High Court had ruled that Mutati was the President of MMD. I believe it was Judge Nicola Sharpe Phiri but I stand to be corrected.

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  6. The matter was referred back to the High Court.So original situation stays meaning that Dr Mumba is MMD president.It is the high court which ruled that Mutati is party leader.Now that decision has been sent back for determination.The status quo is that Dr Mumba is MMD president.

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  7. MAY THE LORD GOD ALMIGHTY, JEHOVAH, BE MERCIFUL AND GRACIOUS TO MOTHER ZAMBA, MAY HE CAUSE HIS FACE TO SHINE UPON ZAMBIA AND GIVE US PEACE, IN JESUS PRECIOUS NAME WE PRAY WITH THANKSGIVING IN OUR HEARTS! AMEN.

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  8. @Eric Silwamba: Kanshi this pr.ik / Di.ck headed lawyer is still alive. Mat.uvi ya munthu!

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  9. MMD=Movement for Mass Disorganisation
    ba Nevers you are a true political reject, first you were picked up from the blues to become a Veep from your suitcase Party whose membership comprised your congregants from Victory Ministries then you messed that up by being big headed, then you became a High Commissioner and abused that office to the max, then you caused chaos in your adopted Party MMD come on people what madness is this, its better to continue as a man of the bible, you could still pull a crowd or even become a lecturer in theology and politics, so many better opportunities you could take up why lose your soul for 2 pieces of silver in the political realm where no one is a winner. I do feel sorry for you ba Nevers because deep down I think you are chasing a lost cause.

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    • @2020visionless: A true example of an imb.ecile with no vision epitomising mother fu.ckers!! Ar.sewhore!!

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  10. Ba LT,

    Lawyer Eric Silwamba asks Winnie Zaloumis “TO” retract her statements or face legal ramifications

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  11. Ba LT that poor grammar in the headline is atrocious. How will Zambia ever take off economically,run our own mines or even send an unmanned probe to Mars if we can’t even get basics like grammar right? Be a serious mediahouse ba LT

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    • @Mzambia wa Zamani

      If LT were a brain surgeon who made so many blunders would you like them to operate on you or your wife? It’s like these guys were happily employed doing something else but a gunman forced them to go into media against their wishes. Fortunately for them they seem unperturbed by our displeasure at their unprofessional journalism if you could call what they do journalism. Mediocrity is the new design for living in Zambia. Our country is now a fully fledged idiocracy, therefore things we take for granted such as are intelligence are no longer a prerequisite for success. The lower your IQ the better are your chances of thriving and achieving success. Just take a look at the dancing and drinking president and his excited panga wielders, if you are able to reduce your IQ…

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  12. There has been a lot of complaints concerning the grammar used by the Lusaka Times editors. But just like our politicians do not respond to the people’s needs, they have decided not to address the readers’ concerns. I have one last suggestion to make. There is a free application called “Grammarly.” Download it and will be added automatically to your “word” page. Just pass every article you write through this app before you post it. Your writing will be error free. I hope you ‘ll behave differently from them.

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  13. High court ruled that mutati is mmd president. Mumba then escalated the case to the supreme court because he was satisfied. Supreme court however through back the case to high court but did not say high court errored in its judgment. Meanwhile the matter was taken before high court by former mmd president Mumba and status quo is will be maintained is that mutati is mmd president and Mumba still have a mountain to convince high court. That’s my understanding of this issue. If am wrong then hh will lose the election again.

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    • Well you are very wrong and nice try to put a spin in your error to add HH. You are wrong the same way you are about ECL’s humility and his prospects in retaining the Presidency. Sorry to burst your little nose mucus bubble.

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  14. @mama

    Even the cows in southern province know that upnd cant win 2016 elections, shouldnt you with a ka better brain know better?
    its only important to understand the times you in than blindly support your tribes men.

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  15. THE POOR FRAMING OF THE TEXT CANNOT BE BLAMED ON SILWAMBA WHO IS A HIGHLY EDUCATED LAWYER.
    THIS STATEMENT WAS DDRAFTED BY NAKACINDA AND JUST GIVEN TO SILWAMBA TO SIGN.

    NAKACINDA IS DULL AND IS DESPERATE BECAUSE VINTU VASASA. HE KNWOS THAT THE WHOLE CONVNENTION IS GOING TO BE QUASHED, BECAUSE MUTATI WAS EXPEELDF ROM MMD BY THE LUSAKA HIGH COURT.

    NEVERS NEVER RETRACT THE SSTATEMENT.

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Comments are closed.