Assembly Patrick Matibini(r) during the Labour Day Celebration in
Lusaka yesterday,01052017.Picture by Ennie Kishiki/Zanis.
The Action for Community Action and other CSOs have written to the Chief Justice Irene Mambilima over PF Media Director Sunday Chanda’s statement on the Judiciary and Magistrate Exnorbit Zulu.
The NGO’s feel Mr Chanda over stepped his limit when he issued a statement condemning Magistrate Zulu’s order that State House aide Silon Miti be arrested over his links to the Kapoko court case.
“We write to bring to your attention the captioned subject. Following the Supreme Court of Zambia’s recent citing of Chikondi Foundation President, Bishop John H Mambo, and Mr Gregory Chifire for contempt of court for commenting on a court judgment in the matter of Savenda Management Services Vs Stanbic Bank Limited, a matter that had been duly disposed of, we the undersigned civil society organisations and civic actors are of the view that a precedent has been set in which individuals who comment on matters that have been disposed of, or in court, will be cited for contempt of court,” read part of the letter.
“While we, as CSOs, have always been of the view that once a case is disposed of, it is no longer subjudice and therefore those who comment on it are not in contempt of court, we are convinced that the direction the highest court in the land has taken in the Savenda Management Services vs. Stanbic Bank Limited case must be seen to be applied fairly until clarity on what constitutes contempt of court is achieved,” they stated.
“The statement we bring to your attention attacks the judgment delivered on the Henry Kapoko case by Magistrate Zulu and the Magistrate himself. In the interest of fair play, we the undersigned civil society organisations do therefore request your office to investigate this statement for possible contempt of court by Sunday C. Chanda, Media Director of the Patriotic Front.”
Meanwhile, the Zambia National Students Union (ZANASU), an umbrella body of all students union in Zambia, has expressed concern that the order by Choma-based magistrate, Exnorbit Zulu, to arrest of Dr. Simon Miti, is suggestive the court may have pronounced him guilty of corruption without having been heard.
ZANASU President, Misheck Kakonde, said the students’ umbrella body which subscribes to the legal principle that judicial officers “must not descend into the arena” by taking sides in matters of litigation or engage into the messier parts of the courtroom debate require support of the public in adjudication of cases of corruption but must do so with fairness to both the accusers and the accused.
“The High Court of Zambia, in the 1973 case of Moses Mwenya vs the People where a magistrate directed clerk of the court to investigate the matter and to report his findings back to the magistrate, guided that ‘it is of little consequence that the magistrate in actual fact conducted the trial fairly and justly so long as right-minded people thought or might have thought that the trial magistrate on account of what went wrong prior to the commencement of the proceedings would be partial in the matter,’ ” said Mr. Kakonde
He said the magistrate took upon himself the position of an accuser or alleger in a criminal matter by ordering of the arrest and trial of a state witness, which role is a preserve of the State through office of the Director of Public Prosecution (DPP).
“It is clear that Dr. Miti and any other person may not receive fair trial before the court when the court itself is one deciding who must be brought before it to answer criminal charges,” said Mr. Kakonde
The ZANASU Chief said the students’ body will continue to advocate for fair treatment of all persons and clear separation of powers among all arms of government.
“Those who are tasked to take persons before the court must be allowed to independently do their job and the courts that are tasked to dispense justice must be encouraged to dispense justice both for the accuser and the accused, without taking sides,” he said.
Ka chanda has grown wings.threatening the Judiciary?
Nothing new. This constitution has always ensured a ruling party remains above the law. We essentially took the way of the colonialist and perfected it, allowing the ruling class to preside as colonial masters over those they should be serving. Only difference is those colonized are too busy drinking or gossiping to effect any meaningful change. They refuse to be objective, think critically or challenge the status quo. They’d rather accept a meager wage than be convinced that our leadership have failed.
It’s astonishinf that mambilima is still working at her age.
She should be retired.
Thanks
BB204,2016
The dull ones are the so called CSOs who have written to an illegal chief justice who is not eligible to be in tbat office based on being old enough to be mugabes mother. Maybe lungu alelyapo to gain favours at election
The real issue here is how does a judge order the arrest of a state witness?? As usual the political CSOs take sides and decide to attack Sunday Chanda. The Students Union is on spot by focusing on the law and not individuals. CSOs in Zambia are politicians hiding behind Civil Society veil looking to manipulate state power for their pay masters equally hiding in shadows.
How many times has HH attacked and insulted the judiciary in general and particular judges? Where were these sheep skinned jackals? This clearly confirms that these are people who had been promised appointments by Upnd. Yes it’s wrong to attack men of the bench and must be condemned without being selective. I’m also disappointed with Chanda but will only side with these jackals when they become neutral.
Sunday Chanda criticism of the magistrate does not amount to contempt but calling Judges corrupt as did Mambo and Chifire is contempt. This is the difference. ZANASU is also spot on and fair comment.
Why do lawyers (liars) think that they are above criticism?
Judges are not above criticism. Instead of fighting against limitation to freedom of expression, including against people they don’t like, they are busy fighting wanting the judiciary to punish everyone. CSOs have lost value in our society
Wrong move, if they feel strongly about what Sunday Chanda said they should file writs with the Magistrate who the comments were directed at, or the Magistrate himself can initiate the contempt charges. John Mambo was summoned by the Court that he accused of corruption, so the two cases are different. ZANASU are very correct in their observations. The Magistrate should have restricted himself to what was before him, he fell into error
I had a case at Wusakile local court. After it appeared that the plaintiff had no case against me, the presiding justice instructed the plaintiff to bring another witness and adjourned the case until he found a “solid ” witness. I objected that it was not the responsibility of the judge to find witnesses for people appearing before them. He threatened me but I stood my ground and told him I was going appeal to to a higher court. I also mentioned about involving lawyers. In the end he summoned us into his chambers where he talked nothings. Like the students have pointed out I feel the magistrate is offside. ..naibila impemba
AM LOVIN THIS NEW VIBRANCY OF STUDENTS & THEY ARE SOON REPLACING NGOS. THESE NGOS KUWAYAWAFYE. INSTEAD OF THEM DEFENDING PEOPLES RIGHTS, THEY NOW WANT SEND MORE PEOPLE TO BE DEVOURED BY THE ANGRY AND HUNGRY COURTS
Irene Mambilima just need to put her house in order. I would rather listen to students than these NGOs. These NGOs lost value in 2016 and some of us who listened to them are fade up. Misheck and ZANASU makes more sense bane.
Comment: Has Laura Miti and her colleagues lost their senses? instead of fighting the shrinking space for freedom of expression under PF govt, they want to contribute to the mess? Surely, I think most activists time is over and are being outclassed by pupils like Kakonde. Being in civil society is not just about yapping and yapping but talking facts and quoting laws. how do u compare summoning of bishop Mambo to Chanda matter. Mambo called judges corrupt and did Chifire. they need to prove their case. Laura must leave scene
MISHECK IS UNZA MATERIAL AND SPEAKS SENSE. LAURA NEEDS TO GO BACK FOR REFRESHER COURSE ON ACTIVISM. SHE IS SLOWLY LOSING TOUCH WITH PEOPLE AS SHE GETS CLOSER TO DONOR MONEY. INSTEAD OF LIBERATING ZAMBIAN PEOPLE SHE IS PUSHING THEM INTO BONDAGE. ANYWAY, THATS WHAT DONORS WANT TO HEAR
It is semantics. The starting point is: what does the law say on the protection of a state witness? Does the law forgive a state witness who may have been a partaker in a crime? K6.8 million is too much money to have been taken out of the Ministry by Kapoko without the approval of the controlling officer. Maybe that is why he is a state witness, he knew (authorised) what was going on. You cannot be a state witness if you did not witness anything. On the moral side of things, this action of siphoning money meant for the health of citizens is too callous to be forgiven. But if the law says the murderer should not face the law because he has turned state witness, so be it.
But take the case of Manafort’s trial in the USA. The star witness, Mr. Gates, was a partaker in the crime committed…
We asked Hon Luo yesterday about this ZANASU statement and she said clearly that ZANASU is speaking for corrupt officials. And she was clear ZANASU is illegal. So let Dr. Miti answer charges. Haven’t u seen why no public media has covered this nonsensical statement from our colleagues in ZANASU?
Alex
Boi, let to keep certain things she said in confidence to yourself. You will put her in trouble. Be mature
Nkandu Luo ain’t sharp as others think, survives on Lungu grace for now. Time is long gone when she survived by showing off her thighs. But Luo is certainly reason students can’t trust Edgar Lungu. See results at UNZA for last mayoral election. She is an excess baggage on the Presidency
Comment: So Cartels In Judiciary And Among Ministers Exist Still Fighting Lungu. The Fall Of Edgar Is Plotted By Anti – Lungu Ngos, Judges And His Own Ministers Like Madam Luo. So How Come Edgar Doesn’t See This. Was Surprised Madam Luo Mentioned @ Commonwealth Center As She Went To Car That Zanasu Is Planted As Cover To State House Corruption.
Sunday Chanda’s brains is what we needed in UPND but we courting finished products from Mtendere in name of Laura Miti.
let’s get back to this issue of Dr. miti, why allow him testify and ask for his blood later on? what law did this magistrate read?