Mr Kabimba, who is also a lawyer, says political parties which feel aggrieved over election petition rulings must not fight court verdicts.
He was speaking in Lusaka yesterday when he featured on a programme dubbed ‘Chat back’ on Radio Christian Voice.
“If you have gone to court, an independent tribunal established by law, and when a tribunal has pronounced a judgment and that judgment is against you, conventional wisdom has it that you must accept that decision.
“You can’t have it both ways, you can’t go to court hoping the judgment will be in your favour and when the judgement goes against you, you turn around and say I don’t agree with the court,” he said.
Meanwhile, Mr Kabimba also urged people living with HIV to always take antiretroviral drugs (ARVs) as advised by health personnel as opposed to abandoning life-prolonging drugs based on advice from some clergypersons.
“I am Christian and from what I know, there are no junior or senior Christians, so we are all equal before God. And I want to say that it is wrong to tell people on ARVs to stop. I do believe in prayer but to say that one can be cured of HIV by prayer is wrong,” he said.
Mr Kabimba said prayer without action is a waste of time.
“If I want to eat, I will go out and look for food and not lock myself in the house to pray and expect to eat. It doesn’t work like that,” he said.
Yamunyokola Njala. kikikiki. Talking from experience sir. Surely they are life prolonging. heads-up to researchers
From political court issues to aids hiv issues. Whats the connection? You are right that when one takes the case to court he cant have it both ways. Upnd have a tendency of insulting judges when they lose the case and praise them when they win.
Mr Kabimba former PF bandit & SG, can you please for once be honest to the people of Zambia, including yourself.
What this former PF violent bandit~Kabimba~ is lamently failing at is his failures to speak truthfully.
Just tell PF bandits like unprofessional Nkandu Luo & Margaret Mwanakatwe who have been arrogant as they unconstitutionally or illegally pretending to be cabinet ministers. Truth is that, the duo are illegal MPs, whose parliamentary positions have been nullified by the courts. But bandit Kabimba is beating around a shrub.
Kabimba a failed lawyer like visionless Lungu, should wake up early from slumber party & start respecting the constitution.
Now to the presidential petition, blind Lungu by law & constitution MUST have transferred power to the speaker as a precondition…
…for the UPND’s petition be heard fairly. But Kabimba a failed lawyer like visionless Lungu, should wake up early from slumber party & start respecting the constitution.
Now to the presidential petition, blind Lungu by law & constitution MUST have transferred power to the speaker as a precondition for the presidential petition to be heard fairly. But alas, the despotic ECZ & Judiciary became PF’s rubbish bin. Shame! Tell Luo & Mwanakatwe to stop masquerading as MPs or ministers, simple!
The Skeleton Key
~206~
Kalinso kkkkkk
Kabimba should be listening to his own advice and take his ARVs. Why does he not comment on Lungu following the Constitution on Ministers continuing after Parliament was dissolved? What about Lungu not handing over to the Speaker when the Presidential petition was started? What about Luo and Mwanakatwe continuing as MPs and Ministers after their seats were nullified? What about PF Ministers not paying the ministerial benefits they illegally got after Parliament was dissolved?
People take cases to court so that judges can give a verdict and not run away on technicalities. Kabimba and Lungu are dull LOWyers.
“…an independent tribunal established by law…”!!!
Where, in Zambia?
Mr. Kabimba, you have forgotten who was the architect of the destruction of the rule of law in Zambia? Who was hiding People Driven Constitution? Who was instrumental in appointing legal non-comps to the benches of the High Court and Supreme Court of Zambia?
Please, keep mum and somebody may think that you are “learned” instead of be failed useless demagogue
Independent in the sense that it is voted for by all the steak holders. The president only proposes names and ratification is done by all parties yours inclusive. Hence the tribunal becoming independent.
Okay on a serious note, Kabimba is right. The virus can only be suppressed by drug adherence not through prophet Mushilu of today. Hopefully 10-20 years from now they (scientists) will come up with cure
the so called opposition parties in Zambia are a joke.
Lungu cannot use the courts to prove his legitimacy when he has manipulated the courts not to follow the Constitution.
…but President Lungu used the ballots to legitimise himself. When Judge Malumani acquitted hh, he is a good judge and justice was served that day. When other judges rule against hh, they are manipulated by “Lungu” and PF thugs???? So everything must be in your favour???? What is sad is that while you show Zambians your arrogance and intolerance, you give them more reason not to endorse you people as they fear your behavior!!! 2021…I don’t see anything that will dramatically change their minds and vote for you….it’s DUNUNA AGAIN!!!
I agree with Zambian Citizen. Come 2021, it will be another DUNUNA as we can not afford to have people whose reasoning is inadequate. The provision in the Constitution says, when there is a Presidential petition after the second ballot, the incumbent should handover power to the Speaker. As clear as this provision is, someone pretend to misinterpret this law. Just to borrow my beloved late President, Levy Patrick Mwanawasa – SC, MHSRIP once said, it is dangerous to know a bit of law than it is not to know anything. Therefore, if these people who wrongly interpret the Constitution are ushered into Government, the country will be at risk. I totally support what Winter has said and I take his observation as mine.
Wynter Kabimba is 100% correct!!UPND is a major culprit on this one as they always want any judge to rule in their favour-SHAME!!any judge who rules against HH or UPND is insulted,labelled PF cadre,etc,is that normal?
Even where our Republican constitution CLEARLY STATES 14 DAYS,UPND ignores that part because it doesnt suit them!!
HEY UPND IS A GREAT DANGER TO OUR DEMOCRACY!!!if we had mature opposition leaders such as Wynter Kabimba,Edith Nawakwi,Eliars Chipimo,H.Hamududu Zambian democracy can go to another level!!Bravo Kabimba!!
What do you expect from a party that ignores its own rules – hence not having a convention for more than ten years to elect a leader despite the one that they have being a serial election loser.
Winter never mentioned any culprit. The problem with blogger is interpret what winter said with a biased mind. The position is clear that when the matter is decided by one court , the aggrieved party has the right to appeal as the law requires so. Cases must be exhaustively decided by the final court.
Winter is economical with the truth and he is addressing matters with a political overtone as way of seeking recognition that he is a democratic.
Well said, Kabimba. I have never been your fan since your notorious era in PF, but can’t agree with you more on this one.
We don’t go to court to have the jury rule in our favor. We are there to have the court arbitrate in the matter at issue. We therefore place the burden on ourselves to accept the outcome of such arbitration.
Ndiye so.
In the Republic of Zambia there is no Jury and the Courts do not practice Arbitration. Are you Zambian or another refugee from lake region?
MR KABIMBA. I WILL NOT ARGUE ON PEOPLE ACCEPTING DEFEAT BUT ON THE CASE OF UPND THE CASE IS STILL TO BE HEARD AND ONLY WHEN IT HAS BEEN HEARD PROPERLY WILL THE UPND ACCEPT THE RULING OF THE COURT. THIS ADVICE SHOULD GO TO THE MP S THAT ARE STILL HOLDING ON TO THEIR SEATS EVEN AFTER THE COURT RULED THEM OUT. IN THIS PF GOVERNMENT WE ARE SEEING TWO SETS OF LAWS. IF ONE BELONGS TO THE RULING PARTY ONE IS EXEMPT TO THE LAWS OF OUR CONSTITUTION BUT IF ONE BELONGS TO THE OPPOSITION THEN THE LAW IS TWISTED AND COMPROMISED TO CONVICT THEM. BY THE WAY. THE COURT RULED THAT ALL MINISTERS WHO WERE IN OFFICE SHOULD REPAY MONIES PAID TO THEM. HAS THIS HAPPENED?
Let the petition be heard, we want to know who won the election legitimately. Kabimba knows the constitutional court did not hear the petition and thats why people are aggrieved.
WE PETITION?HOW MANY TIMES ARE YOU GOING TO BE TOLD THAT YOUR LAWYERS ARE NOT SERIOUS?
UPND DO NOT ANY EVIDENCE TO PRESENT TO COURT.ASK ANY UPND MEMBER TO PRODUCE ANY EVIDENCE,HE WON’T DO IT.14 DAYS IS A LONG PERIOD OF TIME TO PROOF ANY CASE BUT ALL THE TIMES YOUR LAWYERS ARE WERE IN COURT WERE JUST BRING PRELIMINARIES EVEN ON THE 14TH DAY,THEY BROUGHT PRELIMINARIES.ASK CHITIMUKULU MAY BE HE CAN PUMP SENSE IN YOU.JUST WAIT FOR 2021.
The matter being hear in not the petition. It is whether the petitioners had the right to be heard. Two distinct matters there.
And Right to be heard is a CONSTITUTIONAL and UNIVERSAL Right?
Meant to write, The matter being heard is not …
His comment is directed at Dishonourables Margaret Mwanakatwe and Nkandu Lou and all the other public funds thieves that were ministers in the previous government such as Given Lubinda who have ignored court decisions. No court has made a ruling on UPND’s claims. And yes please he should take his own ARVs and mind his own CD count!!!! Why can’t he accept that he IS NOT a factor in Zambian leadership? The highest court of all – the Zambian people stated their verdict on him in August last year. Kwamana!!!
When a court ruling is questioned, then the justice system is put in context. Or, are appeals completely useless? Appeal action can really lead to a just solution. When the court ruling at a Local Court is questionable, then the best option is to appeal the case at Magistrate Court level. If again the ruling of the Magistrate’s Court is questionable, then the appeal must be directed to the High Court. When the ruling of the High Court is also questionable, then the appeal must be directed to the Court of Appeal. Regarding a questionable ruling of the Constitutional Court, the parties are free to cross the national boundaries in search of justice. The parties are free to exercise their freedom of expression to air their views by using peaceful means. This is the justice system at work…
The right to appeal must not be compromised. In the final analysis, justice must be seen to be done. It is not uncommon for the executive wing of government to interfere in the functioning of the judicature and the legislature. The members of the public, including civil society, religious bodies, professional bodies, intellectuals, donors, political parties must constantly hold government accountable to uphold integrity.
How about Sondashi formula doesn’t it work?