Cops fail to take HH to hear his contempt case against Sumaili

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The Zambia police have failed to take United Party for National Development’s (UPND) Incarcerated leader Hakainde Hichilema to hear the case before Lusaka Magistrate Ireen Wimashanga in which she sued Minister of Religious Affairs Godfridah Sumaili for contempt

Magistrate Wishimanga last week ordered the prison authorities and police to transfer HH to Lusaka but the police simply ignored the order.

Below is what is happening in court 

Magistrate Ireen wishimanga takes seat Godfridah sumaili takes standEric Silwamba for the accused and Mariam Bah of the NPA applies that thestate wants to take up the matter pursuant to article 180 4 (b) Magistrate adjourns and calls the attorneys into chamber.

Both sets of lawyers are back from the chamber but lawyers for the complainant and state advocates go back to confer among themselves.Silwamba is in the courtroom while sumaili remains in the accused doc.

Keith Mweemba takes to the floor and mentions the case. Section 199 of the CPC requires that the complainant be present in court or at least the legal representation.Being  the case,we cannot put the cart before the horse and begin to bring out issues in the absence of the complainants.

There is a clear order of this court dated 16th June directed to the commissioner
of police Lusaka province,commissioner of prisons and his deputy,officer in charge for mukobeko and Lusaka central facility under the hand of this court. This order has not been complied with.
The constitution is very clear.We cannot come here and start advancing arguements on the point of law when the complainants are not before court. We Did serve and filed and affidavit of service.

There is an acknowledgement of receipt where it was categorical that the complainants needed to be in court as to whether the authorities have chosen not to bring the complainants out of contempt of this court or any other reasons,am incompetent to state.

We ask the court to demand for a response before we go into other issues such as
the DPP taking over the case as we have something to say Gilbert

In the interest of preserving the integrity of this court and judicial system,the order of this court is a foundation issue and we submit that no further proceedings should ensue henceforth until the complainants are brought before the court We apply that this matter be stood down probably to the afternoon to enable the complainants be before this court.
That is our argument

26 COMMENTS

    • +4
      -23
      vote

      I wonder how these dull UPND lawyers feel presenting a faulty candidate. Kaponya (HH) is really an elephant, the big shadow in the room of UPND

    • +21
      -1
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      Mr Kudos. The PF has been preaching that Zambia is governed under strict “Rule of Law”. On the 16/06/2017, the Court gave a directive that HH and his Co-Accused be transferred to Chimbokaila and availed to Court today. Why is the State deliberately defying a straightforward Court Order? If this is not a breakdown in the Rule of Law, what is it?

    • +8
      -1
      vote

      “The continued police brutality in Africa should be taken seriously and handled with utmost urgency. They need to be tamed to deter them from abusing power and taking advantage of the people they are meant to protect. More and more whistle blowers and human rights activists should continue calling to attention the end of the misuse of power by the armed forces across Africa. ”
      – Reuters

    • +10
      -1
      vote

      How is this a matter of using gymnastics in court? It is pathetic when people like @kudos expose their ignorance.

    • vote

      Corrupt, degenerated, thieves, law less Government: you can all burn in hell…the whole PF….I will never respect you fools…you are so shallow minded..your time will come…for you to pay for your actions….especially your president Lungusha the dictator:::::

    • +6
      0
      vote

      YOU FAILED TO PRODUCE HH IN COURT SO WHY BLAME THE UPND? IS HE NOT IN YOUR CUSTODY?

    • +2
      0
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      @Mop,Mr Kudos is a cadre who believes in the boma ni boma thinking which means that he the government has the right to break the law.this is the biggest problem we have in Zambia were the rule of law only applies to anyone opposed to the government and the government or anyone supporting it can do what they want eg ignore court orders,arrest people without investigations etc etc..

  1. +3
    -6
    vote

    please HH is done and dusted. the DPP has taken over the case from these overrated lawyers.

  2. +11
    -2
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    a bunch of crooks..where on eartn can you start a case without the complainiant..?evil people..satanists ..shame on you..bring HH

  3. +11
    -1
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    Such Contempt of court only happens in an established dictatorship where the constitution is never respected. And when the truth is said, they argue otherwise. Shame!

  4. +9
    -1
    vote

    it is sad for the state to fail to bring HH to court when there is a court order. The state pays the police, the court, prisons and the Minister yet fails to bring a person in their custody to court. Sad indeed.
    I represent clients many times. I see such injustice quite often. Why is it that the powerful have a full day without the powers checked?
    Nothing to be proud of our justice system. When court orders are ignored by the state, whom do the state expect to obeys its court order.
    Sad indeed.

  5. +5
    -2
    vote

    HH does not make laws. If he is a villain, let those who holy people lead by example and obey the laws that they make.
    Imagine if the state has the power to close my business because I have not paid taxes yet when I sue successfully the state to pay me for damages of my property, the states refuses. Is this applying the fairly.
    I wish you are the accused and you will know how it feels.
    Sad in Africa , the rule of law is a mere song on our politicians…
    GOD gave our brains to act in a orderly manner and noble way.

  6. +2
    0
    vote

    The case can go ahead without the plaintiff being present because the judge is the proximal of the contempt case against the minister.

    • +2
      -1
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      There is a ‘court order’ that has been defied without excuse from the commissioner prisons, and/or the commissioner police. The magistrate should not have wasted a snakes drop of sweat and cited them with contempt. But i don’t expect much from an ailing judicial system that is not even responding to ARV’s

  7. +2
    -1
    vote

    But this is what I quote: “Keith Mweemba takes to the floor and mentions the case. Section 199 of the CPC requires that the complainant be present in court or at least the legal representation”. So, where is the problem? Isn’t he the legal representative?

  8. +3
    -2
    vote

    COURT ORDERS TO bring HH TO LUSAKA…State ignores it…That is democracy right..?? DICTATORSHIP is ripe in Zambia.. No wonder only dictators are visiting Zambia.

  9. +1
    -2
    vote

    The Magistrate has got no right to order the police or whoever to transfer the suspect but to request for the suspect to be present in court on that particular day. It is up to those who are in charge of bring the suspect if they feel that they won’t manage to bring the suspect from point A to B due certain reasons then they can bring him nearby. Why was the Magistrate demanding even gone far as the suspect should remain in Lusaka. Who should look after the suspects the Magistrate or prisons?

  10. +3
    0
    vote

    Africans can’t rule themselves. The Executive failing to respective the Judiciary, what more if we were never colonised, it could have been a disaster in the Jungle. Characters such as Chi Kudos or Chi pompos coul have been walking bare feet with smelly asses and thick yellow teeth nama nong’oko being trailed by house flies. Imagine the other world give a leakage on how to govern ourselves but fail to just copy, so embarassing.

  11. 0
    -1
    vote

    The Dictator is your HH, he has failed to hold elections in his Tonga party for over 12 years now! How can you entrust such a person with national power! A dictator is one who imposes or wants to impose himself as winner of an election when he hasn’t won! How can you trust such power hungry person to accept deafeat once he chances power and eventually loses and to hand over power to another leader! Hop! HH will never rule! He is not straight!

  12. +1
    -1
    vote

    Magistrate has no right to order police about where a suspect is held, judges’ job is to make sure suspect is in court when he’s needed in court! Period! Its up to police to transport suspect from wherever to court!

Comments are closed.