A citizen from Lufwanyama has scaled up the pressure to have UPND leader Hakainde Hichilema charged with criminal contempt of Court.
In a letter dated Friday, 17th August, 2018 to the Director of Public Prosecutions (DPP), Henry Chilombo, has argued that the UPND leader committed contempt ex facie curiae (i.e. outside the face of the court) of scandalising judges, which places the offence under the powers of the DPP to prosecute.
Mr. Henry Chilombo has stated that provisions of Section 116 of the Penal Code and Order 52 of the Rules of the Supreme Court, provide no limitation of time in which contempt proceedings may be brought against Mr. Hichilema.
Mr. Hichilema, was on 10th October, 2017, alleged to have called three Constitutional Court Judges, namely, Her Ladyships Mungeni Mulenga, Anne M. Sitali and His Lordship, Palan Mulonda, are “agents of evil and three musketeers, a crop of judges Zambia has, (who are ) totally disgruntled and corrupt.”
Last year, former Law Association of Zambia (LAZ) President, Linda Kasonde condemned Mr. Hichilema for accusing judges of corruption without valid evidence. The former LAZ President had stated that the issuance of careless and unsubstantiated allegations of corruption against public officers had the potential to of creating anarchy and eroding public confidence in institutions of governance.
And in a separate letter to Judge Hilda Chibomba as President of the Constitutional Court, Mr. Chilombo has argued that the failure by the Constitutional Court to prosecute Mr. Hichilema for contempt has given rise to continued issuance of contemptuous remarks against Constitutional Court Judges by members of the public.
Mr. Chilombo stated told the President of the Constitutional Court contemptuous remarks by Mr. Hichilema’s against the Constitutional Court Judges have arisen because, as stated by Acting Chief Justice, Marvin Mwanamwambwa, for unexplained reasons, the Constitutional Court has charged Hakainde Hichilema with contempt despite the Constitutional Court being aware of the attacks and insults.
Mr. Chilombo has charged that the delay or no-action against remarks that are contemptuous in nature by Mr. Hichilema is making the Constitutional Court to be seen as tolerant of attacks and insults on it, which the Supreme Court does not tolerate.
He has since appealed to the Constitutional Court, DPP and Inspector General of Police to bring this impunity against our judges to an end by instituting investigations into the remarks of Mr. Hichilema.
Mr. Chilombo has been joined by former UPND presidential advisor, Edward Mumbi, youth organisations and lawyers in calling for the court to make Mr. Hichilema prove his allegations against Judges of the Constitutional Court.
HH still giving the PF rats nightmares …..
HH , what did you do to these koswes , they still can not believe you are human to take them on the way you did ?
Let’s get the Child behind bars Hagain. It’s Childish.
When the executive branch of the three arms of government wields more power than the legislative and judiciary this is the kind of governance you get. This clandestine citizen raising the contempt issue a “plant” by all indications is ruffling feathers to continue the search that would obliterate the seemingly PF most feared opposition party leader!
Surprising! Henry Chilombo, who actually is supposed to be INDICTED between President Edgar Chagwa Lungu and Mr HH? I challenge you Chilombo because: (1) President E C Lungu abrogated the Zambian Constitution during the UPND PETITION by his REFUSAL to hand-over the INSTRUMENTS OF POWER TO THE SPEAKER OF THE NATIONAL ASSEMBLY. (2) President Lungu REFUSED to move out of STATE HOUSE during the same UPND PETITION hearing against the Dictates of the Constitution. These omissions by the Head of State are very very serious and will haunt him for life because even if you Chilombo is ignoring these facts, the President will eventually be answerable to the charges when a more serious government takes over be it UPND, MMD, NAREP, NDC OR EVEN THE SAME PF WITH DIFFERENT LEADERSHIP! THIS MAY BE DURING…
This is not news ba Lusaka Times.. What are you trying to incite or drive? The Lufwanyama fella is just a f00l and paid agent. The supreme court response was clear that only the affected judges in the constitutional court can commence contempt proceedings.. Why should the DPP be involved now?
Let those said corrupt judges in the constitutional court take on HH so that the petition issue starts again..
Hakainde asked for this. He is tasting his own medicine. How many people has he sued for contempt himself. Sumaili, Amos, etc. How special is he that he can’t answer charges. Is it because he is too rich to face justice?
No one wants to see him in jail but he needs to prove Judges are corrupt.
That so called citizen should be arrested for breach of peace.
After all the efforts of PF/UPND reconciliations, and some idyot start nonsense. Ine kuti nachiponona.
UPND and HH only know peace and reconciliation when HH is threatened. UPND preaches and promises arrest of Edgar Lungu every day, if they take over power. No one l cough day HH will take over power. DPP will be fired, IG will be fired, Judges will be hounded out like kids. So spare us this nonsense of reconciliation. HH and UPND wishes bad omen on those they disagree with. They are sadist.
Zambians must learn to move on. This is time for dialogue and not arrest HH. Yes, he committed contempt but surely we must have forgiving heart as a nation. Even HH and Kambwili will forgive Edgar when we win elections. HH is a good man. Don’t condemn him to jail
HH daily prayer is to become President, see Lungu go to court every day thereafter. That’s what preoccupies his mind for now. So since HH has promised to have others answerable for their deeds, why must he not be answerable? Because he has money to run away from justice?
Good stuff.
I THINK THE CHIEF JUSTICE MADE IT CLEAR THAT IT’S UP TO THE JUDGES THEMSELVES TO TAKE ON DOUBLE H LEGALLY. A CALL ON THE DPP TO DO THIS WILL SEEM POLITICAL AND THIS ALL WILL BE DEEMED POLITICALY MOTIVATED.
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Let’s get proverbially correct here, the “Who the cap fits, let them worry” statement is a fair call. I do appreciate the voices from these concerned citizens. Theirs is to protect and preserve the integrity of the legal institutions on behalf the Zambian citizens. One wonders why the three judges seem not interested in this issue, the pressure will mount, though. Can concerned citizens see this through in court by themselves even?
The Chief Justice copied his letter to DPP. Guess she is one to institute these proceedings if she is not in the pockets of Hakainde already.
IMO I think the 3 judges and the judiciary should be more scared than HH to see this case take off because if State House was having knowledge of judgments days before they are delivered in court what else has been going on behind the curtain? It will be more the judges proving they’re independent and not compromised than HH proving they’re.
The call of “A citizen” to the DPP to prosecute HH is made contrary to the Constitution Art. 180(7).
Therefore, “A Citizen” and his uneducated followers better read and understand before making comments which do merit prosecution by DPP.
This is the problem with Zambians. Here is a PF idyot callled Mr. Henry Chilombo who is oblivious not only with the law but with what is going on around them.
He is talking about contempt but hardly knows what it means! Meanwhile, the country is experiencing severe poverty, no money to repay the Euro-bonds, 80% youth unemployment, people cant afford school fee, high tax regime policies, etc and the mother fcker wants us to be talking about stupid things like the contempt of court that doesn’t exist!
Forget about Kainde ,where was Lusaka ranked in 2018 livability rankings ? Harare was ranked 135th and Lagos was ranked 138 out of total of140 cities.
Lusaka was ranked 3rd worst city to live in after Nairobi and Tehiran!
You tell us?
Sustained pressure on Hichilema has started, by December 2019 he would have regretted for most of what he said and did after losing elections both in January 2015 and August 2016. The elimination process for 2021 has just begun. We want sober people to aspire for higher public office, not those who can’t manage their temper after losing elections. Good luck Henry Chilimbo, the spirits of those that were beaten and killed in Southern Province at the instigation of senior UPND leaders are with you.
Dirty politics.
Idicting HH now will only vindicate him in the court of public opinion both within and outside our country because the Con Court will be judged as bowing to certain political pressures.LAZ raised the same concern at an opportunity time(last year) but the judges in their own wisdom didn’t take any action.
@Ayatonio:
Imbibe your sh.it man. Ass hole!
you fools u mean the judges can not be criticized then there is no need have courts coz these xsame courts are correct indeed and when one criticized then then it means a contempt . I think zambia has gone to dogs if not to sleep.
HH is done. He and his party can’t continue calling judges corrupt. Recent statement from a ka Liswaniso said the party stands with HH in calling Judges morally bankrupt and corrupt. Let them ho stand with HH in court. E pulogilamu!
Is there no corruption in GRZ?
It’s not a crime to cite judges for corruption even at the slightest evidence of subversion of Justice! This is not supposed to be reduced to a witch hunt and acts of intimidation of individual citizens! What the Judiciary should do in such cases is to investigate the such Judges through Tribunals! Where individuals are intimidated and threatened like this, you should rest assured such societies are lacking in the ways of natural justice! Justice Malumani was spot on when he said Zambia is full of Sadists!
Which is more contemptuous, defying a Court Order and threatening to sort out Judges like PF has done on many occasions or raising a concern to say some Judges could be corruptly subverting the course of justice? Chawamila Galu kuluma mbuzi. Mbuzi ilumeko ati maloza!
Spot on
Let’s Forgive Hichilema And Move On. How Will National Dialogue Take Place If We Take HH To Court?
Why should HH be forgiven for having done any wrongs?
Most Zambians instead, should be forgiven for ignorance of the law.
In addition, it’s not only about taking HH to court but also about denting further ZAMBIA human rights record coupled with huge expenses in a struggling economy.
I support HH and will vote for him for as many times as I want but I donr support the mud he keeps throwing on Judges. Statement bY UPND youths saying the 3Judges are indeed morally corrupt and bankrupt and HH is right confirm he has indoctrinated our youth to calling Judges corrupt. That isn’t right at all
Proof to HH and Zambians that the said individuals are not corrupt, bearing in mind that HH could have been referring to “Corrupt morals”.
Meant ‘convince’
Only time HH will accept to get to national dialogue table is when he realises this criminal case is more likely to leave a political scar on his 2021 vote.
But also, this is the same HH who is determined to jail Lungu if he wins 2021 elections. He is already preparing dossier for Lungu to face a day in court. so why should he run away from accountability himself. Let him be an exams that even him was jailed for criminal behaviour before he decides to take his dossier to court.
IN THE SPIRIT OF RECONCILIATION, LET THIS MAN ALONE. HE IS ALREADY FINISHED. DO NOT KILL A CORPSE. HE IS ALREADY PAYING FOR HIS SINS. HE WILL STILL MEET THE SAME JUDGES IN THE NEXT PETITION IN 2021. THAT TIME THEY WILL TEAR HIM APART.
No one knows when “Mr Death” comes knocking at ones door and whose door first.
HH can even kill, use biological weapons and goes away unpunished because he has money unless America decides to cage him for using weapons. Pa Zambia, Justice is for Hire! The more money you have the more likely the law will not notice you when u kill.
And that is a very big accusation and I hope you can back it up with facts.
Zambia is full of sadists. So why use State machinery to fight a good man instead of fighting those corrupt people and judges? Insoni e buntu. Wait until 2021 when u will lose power. You will come kneeling to HH
Sadists like Edward Mumbi. How does someone call himself a man when he lives by rubbing dirt on others for a few pieces of silver? This guy was HH’s right hand man during the last elections because he was convinced HH was winning. Now that HH didn’t win, he is trying very hard to find his way back to PF so that he can eat. Politics of the belly monkey.
Lazy Jay j, please advise your brother in trib.alism to manufacture and issue as many diversionary statements as possible although he will be wasting his time, at least we can have something to laugh about and someone to laugh at. For instance, his rants on 30ngwee tax has fallen on deaf ears. It’s like many citizens don’t like the tax at all but they don’t want lectures from tr.ibal h.h either. Look at how the contempt is gathering momentum despite h.h trying to divert our attention.
True, appears no amount of pressure will rest this until HH see his day in court. Let him go tell those judges how corrupt they are. Unless HH has bought the justice system and ask Patricia Scotland to intervene, he is destined to go in fot contempt.
Until some individuals understands the definitions of “Corruption” ; I will doubt their calibre to comprehend so issues.
Sad part is he publicly called these judges corrupt at a press conference. That’s an exhibit or evidence. He will now need to prove those allegations otherwise it’s criminal contempt. Bishop Mambo was sweating when his contempt matter came up and he has to defend himself. Nevers already landed in Chimbokaila and rushed back to the pulpit after release. Will kainde tell off the courts woth his supporters behind him and call Patricia ‘Commonwealth’ to catch the next flight to Zambia??
HH is the Mandela of Zambia. Mandela served 27 years in prison so he could become a forgiving President of South Africa.
You are right let him go inside again. After 27yrs inside he will go unopposed into state house
Kikikiki Zambians tamwaba noluse sure. You want me to go for 27 years? He will only get 6 months.
I respect your opinion.
Please, Nelson Mandela was democratic. That’s why he stepped down after 1 term. hh is an autocrat. That’s why he has decimated the party constitution and declared himself the only one who can lead upnd. So in your opinions, no one else is capable of taking upnd into office?? Very sad, indeed!!!
Go and indict your own mothers. GaIu imwe
Sylvia Masebo once said HH is an opportunist, am getting to agree with her. HH wants Kambwili convicted so he can’t stand but support him in 2021. HH prays Lungu should be barred by ConCourt from standing in 2021 so he has no opposition at all. But now, this contempt will make HH not to stand in 2021.
This only leaves Andyford, Kalaba, Tayali, and Chanda. Anyway, am sure the big guys within UPND are now praying HH goes in. I don’t mind having Nkombo as President.
What are you trying to say?
Never underestimate the potential of f00ls in large numbers! They work like a park of wild d0gs and will eat you alive!
The chickens are here to roast. No matter how much HH seem to divert attention from this matter to the 30 ngwee, Zambians seem to have given up on him. HH is in big trouble.
Btw wherever ndanje khakis is i want you to know that i saw your comment making fun of Morgan Tsvangirai. It is very unafrican and disrespectful to joke about the departed that way. You are only shortening your days on this earth. Please learn to differentiate between politics and other issues. His family have lost some one they love. I hope the same happens to you this year. I hope some one very close to you dies in a very disgusting way. U sad goat
UPND should begin looking successor to HH because this case will leave HH bruised to stand 2021. Let’s put him in prayers.
You should be concerned about the failed state where debts have reached unmanageable rates. It seems the only way lungu can win is by having hh locked up. What are you scared of? If you claim zambians are happy with your governance them why go through the hustle of arresting hh? You are here busy supporting pf blindly meanwhile your wife is busy being serviced by opposition. Learn to have priorities right
The same Zambians who you think are being punished by PF are ones voting for PF. Question is, why don’t they trust HH and UPND but ordinary voter will always go for Lungu?
Zambians care less about macroeconomics or microeconomics. They dont buy the HH song.
HH should know better than when digging a grave for one, he must also dig another for himself. The man has been routing for everyone to become part of his pocket, Nevers Mumba, Milupi, Mulongoti, and now Kambwili. He wants Edgar to be only threat who must also be eliminated via the ConCourt. Now he has dug his grave also
When you are Rock Bottom, it’s wise to stop digging! Zambia now is like a Schizophrenic Nation! On one hand, a debt crisis is looming with the Junk status downgrade! We already have a ballooning budget deficit which at end of the year might exceed K10 Billion Kwacha! We have hopelessly floated our begging bow to IMF which has come back empty and with the Credit downgrade, we are no longer welcome to borrow from IMF or WB. However, there is still hope if we could show serious attention to important governance issues at this stage and put aside petty issues like HH issues. Kenyan leaders have big hearts. Raila Odinga should have been locked up for treason but was not. This is because our friends know the impact on the economy when ruling and opposition leaders get on each other’s necks! I…
Bravo!
I don’t like HH’s way of politicking but we can choose to ignore him and look at the bigger picture! The world is watching!
My biggest worry with Zambia’s justice is that it favours the rich over the poor. If HH was a simple, poor and ordinary man, he would have already saved his prison term for that contempt. But we talking of one of Zambia’s millionaires who can say anything, disrespect judges way he did, go to international platform and scandalise anyone but will walk without worries. In Zambia, one is only made to account for such crimes as contempt if they are poor. HH has many people in his financial pocket.
WALASA IYI COMMENT. HH IS NOT WORTH DYING FOR. WE HAVE SO MANY POOR PEOPLE SERVING JAIL TERM FOR STEALING A SIX PACK OF BEER OR A PACKET OF SUGAR TO FEED THEIR FAMILIES. HH AVOIDS PERSECUTION BECAUSE HE CAN EASILY BUY HIS WAY OFF. NO WONDER THE TOP JUDGE WHY HE COULD NOT BE CITED FOR CONTEMPT. NKHANI IZIBIKA
Guys, stay with the 30 ngwee, whatever happens. We all read that letter from the deputy CJ. It showed that only the aggrieved court can commence contempt charges. I do not even begin to imagine that the DPP must command an independent bench to commence contempt proceedings unless this country has now truly and sincerely borrowed circus methodologies to run. Worry about what is crushing citizens’ access to internet resources, to national resources and to fair access to air themselves.
Respect is not bought or forced but earned. Character is a total sum of one’s behaviors and attributes. Certain names people call us arise from our behavior. Those who have the privilege of holding public officer have a moral duty to uphold fairness, truthfulness, accountable and empathy to the people they serve. Former president (Great King Cobra – My Presido Sata) constituted a tribunal against perceived corrupt judges – meaning what?
the same Deputy CJ copied the letter to DPP. have u asked yourself why? this is procedural matter. what u do be demanding is to have HH accorded fair trial, let him go defend his remarks that judges are corrupt. just yesterday, we were reading UPND youths saying the party stands by that statement that the judges are morally bankrupt and corrupt. the only way this matter will come to an end then is for HH to go prove his allegations.
HH COMMITS A CRIMINAL WRONG, AND WHEN HE IS PROSECUTED, HE RUNS ALL OVER THE WORLD TO LOOK FOR SYMPATHY OR HE CRIES A TRIBAL TAG ON NATIONAL LEVEL. THE SAME HH BELIEVES OTHER PEOPLE MUST ANSWER FOR CRIMINAL CONDUCT BUT YET HE WANTS TO RUN AWAY FROM BEING ANSWERABLE. WHAT KIND OF LEADERSHIP IS THIS?
It’s the conduct of African opposition. Just like Tendai Biti, he incites drunk youths to riot and some get killed then bolts to seek asylum elsewhere. Their behavior is similar, Odinga etc.
The best press statement UPND should have issued was one stating that as a party, we looking forward to the day when HH will face those judges of the court and prove how corrupt they are. Let no one grow cold feet when they hear HH must be taken to court to prove that the three musketeers are corrupt as alleged by HH. He has evidence.
Why should it be that it is always these functional illiterates that tell professionals what to do and overrule them . The rats are now getting scared of the church led dialogue.
Wanyeka Munzi!!!! Wanyeka Munzi!!! Am sure HH will run to the dialogue table to avoid prosecution.
” HH WILL DIE A BITTER MAN” says Tayali. HH is a danger not only to our young democracy but also to the peace of this nation. Only a few days ago he was inciting the nation to rise against a legitimately elected government of PF. He is the man who preached Armageddon when he loses. He is the only politician who has insulted everyone in government- the speaker of the national assembly, ECZ chairman, the judges, the president himself, the police officers etc. How do we keep someone who has no respect for others whilst in opposition what more when he gets that power he is yearning for, he is likely to be worse than he is at the moment. Thank GOD time to disqualify this tribalist from the political arena has finally come.
Writing judges letters by aggrieved parties is in itself contempt of court. I wonder where this culture of writting letter to judges has come from. It needs to be haulted. The correct procedure is that aggrieved parties ought to address their grievances to marshals/registrars and other adminstrative staff for respective courts. The Judges enjoy judicial independence guaranteed by the constitution. They are not supposed to be coerced or controlled by anyone. ConCourt judges heard for themselves what HH said. And in their wisdom, and in excerse of judicial independence, they opted not to cite him for contempt. Writing to them to coerce them to take an action is not only unconstitutional but contempt. This Chilombo guy has gone too far, and himself ought to fixed for cotempt. even the DPP…
Thank you ZE Biggy!
The Deputy Chief Justice misdirected himself by allowing himself to be coerced by a Sadistic party Cadre in the name of one villager from Lufwanyama by the name of Chilombo instead of making Independent Judgement!
This is very bad precedent for our Justice system! Anyone you differ with now will dig your past and report you to the judges and the judges will shamelessly say swa, Mwikate? What kind of dangerous society are we trying to create? Isn’t it dangerous enough already where citizens are at the mercy of cadres? Injustice anywhere is injustice everywhere!
Writing a letter to the Chief Justice or President of ConCourt is not contempt. What is contempt is to insult a judge or write a disrespectful letter to them. Check your facts write. The law require everyone to report criminal offences when they happen and it was right for a citizen to report the offence. Let HH prepare his defence than deal with trivialities. Time of accounting has come.
Even the DPP enjoys constitutional independence. If this guy Chilombo is aggrieved, the best he can do is to seek DPP authority to privately prosecute the matter. He must be ready to suffer consequent outcomes himself, if he loses the case
Ba chilombo abama contempt bengi tatufwile ukusala abakwikata. We want freedom of speech.We fought for democracy.
UPND cadres and leaders are now behaving like headless chicken. Just yesterday, HH was boasting that he can openly attack and insult judges as corrupt, today a citizen has asked the court to give him audience so he can repeat those words in their face and prove them, you have now grown cold feet. Every citizen can make a complaint when a criminal offence takes off. You should be celebrating ba UPND that finally UPND leader can be in court to tell off those judges. Dont be cowards!
You know you have a problem as a country when cadres are now being used to push the entire judiciary around and sing their song.
First why can’t this Chibombo guy go to court himself and sue HH if he feels so strongly about this alleged contempt of court? Now any Jim and Jack can write a rubbish letter all the way to the Chief Justice and the DPP and he’s given special attention? He must be really powerful to have special access to these dimwits we call judges.
This is proof yet again that Lungu is still being haunted by that stolen election, just Trump is being haunted by the Russian collusion.
They may not know it because they are stoopid but they are actually reviving the elections petition and giving more life to the stolen election… and with their flip flops, it would be…
…and with their flip flops, it would be easy to demonstrate how a reasonable person could have arrived at the corruption conclusion by those 3 judges. It will be the judiciary and Lungu on trial if they keep pushing this!
The bigger question in all this why are UPND members scared of all a sudden of HH getting before the court and telling off Judges that they are corrupt. So HH was CHIMBWI NO PLAN when he issued those insulting remarks?
This HH has rightly sued people, Amos and Sumaili, before for contempt, so “chiwamila galu kuluma mbuzi and Mbuzi ikalumamo ati maloza? So when he sued Amos and Sumaili, he didn’t realise that he was asking courts to commit them to prison? Today, he wants to use his supporters to preach forgiveness?
IF HH comes to power, he will create a new Police service, new Electoral Commission of Zambia, new Army, new ACC, new Parliament Speaker and spend the first five years prosecuting all PF leaders like Mwanawasa did to Chiluba. The country will be so divided on tribal and regional lines that peace will be threatened. God has a way of avoiding calamity and saving his own children!!