THE Law Association of Zambia has finally cleared the air by stating that the procedure for reporting the contempt of court committed by Mr. Hakainde Hichilema was followed and that the Director of Public Prosecution (DPP), Lillian Shawa-Siyuni, must evaluate the available evidence to decide whether to prosecute or not to prosecute the case.
Responding to questions from journalists during the Public Discussion Forum on the ‘Executive versus the Judiciary’ organised by News Diggers at Southern Sun Hotel on Tuesday night, LAZ President Eddie Mwitwa stated that any member of the public has a right to make a complaint to the DPP or the courts against contempt committed outside the face of the Court.
Mr. Mwitwa said the DPP has powers to prosecute contempt and the alleged culprit, Mr. Hichilema, is entitled to be represented by a lawyer of his choice before an independent and impartial court.
The LAZ chief said contempt outside the face of court is dealt with like any other criminal offense such as theft where any person makes a complaint with the DPP or the Court and the DPP has discretion to prosecute after evaluating the strength of the available evidence
Last month, Deputy Chief Justice, Marvin Mwanamwamba, in response to a complaint lodged by a citizen wondered why, for “unexplained reasons” the Constitutional Court has not cited Mr. Hichilema, as the “culprit”, to prove his allegations against the three judges of the Constitutional Court whom he accused were “corrupt, evil musketeers setting the country ablaze just over money, nepotism and unprofessionalism.”
The remarks by Mr. Hichilema were defended by his party Spokesperson, Charles Kakoma, who said the Constitutional Court decided not to charge Mr. Hichilema with criminal contempt because they did not deem it as an offence. Mr. Hichilema has also been defended by US based Professor Muna Ndulo, whose remarks have now been contradicted by the Law Association of Zambia.
Various political parties and groups have called for the prosecution of Mr. Hichilema and wondered why he has been treated as a sacred cow when other citizens face similar contempt proceedings before various courts of law. Last year, Mr. Hichilema had himself instituted separate criminal proceedings against a government minister and staff at State House.
imwe guys Let’s finnish this hichilema, there is no way he can go like that unpannished.
LAZ President Eddie Mwitwa is more ratianal the this fake US based Professor Muna Ndulo.
LAZ was captured by PF cadres at the last AGM after Linda Kasonde put checks & balances on PF regime’s rap.ing of our constitution.
All captured institutions now serve a small mortal god called Lungu instead of serving the people whose tax they eat.
Well then lets cite Lungu for contempt too remember when he threatened judges about ruling against his third term?
Hakainde has too much money and he can’t be cited for contempt. Everyone is scared of him, the courts, DPP and Lungu
True HH survives and evades justice coz he is filthy rich. If HH was Chifire or Mambo, he would have been in court by now. Its good to have money in Zambia. You easily run away from crimes like one committed by HH
Now we have objective people leading LAZ. They stick to the case and to the matter at hand. Gay Jay must be wetting his napkins Hagain. CHILDISH.
PF minions only believe in the rule of law when its against the opposition.! How preposterous!
Every PF minion commenting here has totally forgetten the various crimes Lungu has committed.
1. Breach of constitution by refusing to hand over power to speaker after petition was lauched.
2. Lungu protected a certain Chavula caught in ECZ altering vote results on his laptop.
3. Lungu has issued threats at the Judges handling his eligilibility to stand case in 2021 when the matters are in still the court. In so doing he has committed contempt of court in an effort to influence the Judges decision.
To the contrary, when HH commented on the concourt ruling he acted within the law. The law allows one to criticise the Judges after they have passed a judgement which one feels is…
No country can spare an Animo that endangers a presidential motorcade but Zambia. It is time to make the Farm held accountable.
To the contrary, when HH commented on the concourt ruling he acted within the law. The law allows one to criticise the Judges after they have passed a judgement which one feels is unfair and unlawful. Thats why appeals exists. Criticising the judges after passing a ruling is allowed in the constitution and it does not amount to perjury. HH criticised the judges before appealing to the high court so he acted within the law.
HH is not a simple man. He thoughtful of every action he takes . He has a good legal team which checks all his statements to ensure they are within the law.
Wanzelu, you very dull. You can’t see that HH is slowly say bye to politics coz he will be a convict soon – either serving in prison or out of prison. HH day is nearing. Ask Bishop Mambo how these judges can roast u.
Profesor HaNdulo is a buddie to Prof. Hansoni. The duo are IRRATIONAL.
We shouldn’t forget the laws Lungu broke by refusing to give up power. Tatwakalabe. Selling Zambia and getting rich
Under Linda the LAZ was more objective thus the more reason she didn’t have much support among the men of the legal profession. Now that a man is in the hot LAZ seat sit back and experience the circus of weakness in males versus females in leadership!
Has Ndulo ever won a case in court?
Those who can, do. Those who can’t become professors.
Brazilian Lula was and is a most popular candidate and the law and judges moved in and the rest is history. Just like the Post Newspaper, I see HH sealing his fate through lack of wisdom and arrogance. Just like life has continued as normal without the POST, life will continue as normal without HH.
If I were HH, I would change the narrative and show respect for the judges. Look at Nevers Mumba, through humbleness and humility, he just bought himself another day to stay out of jail and fight another fight.
Does the Under 5 still has no advisers? This Contempt Machinery is well orchestrated and oiled by smart people who are likely the same people who LEGITIMATELY brought down the Post Newspaper. I see the same forces behind this contempt call. Under 5 learn from history
Continued
They revealed that from now, they will be telling the nation exactly what they did in each of the constituencies on the Copperbelt as the PF lost in a number of places especially in Chingola and Nchanga constituencies.
He is the most Childish politician I have ever seen. Not presidential material. You think he is called Under Five for nothing? Sadly, most of his supporters Ha Under Fives H-as well.
What does the law say about PF officials who revealed that they are ready to testify on how Kaizar Zulu personally phoned them to make sure they did something to make Edgar Lungu and Kampamba Mulenga now Information and Broadcasting Minister won the Kalulushi Constituency.
“We are still keeping audio recordings of Kaizer Zulu directing us to do something after we told him that that the PF and Edgar Lungu had lost terribly in Kalulushi Constituency.
We challenge Kaizer Zulu and Mumbi Phiri to deny if they never told us to bury Hakainde Hichilema’s votes at Kalulushi cemetery. Upto now we know where the UPND ballot papers are buried at Kalulushi Cemetary. Let the push us too far and we shall bring them out as they are properly secured,” the PF CB officials have revealed.
They revealed…
Continued
They revealed that from now, they will be telling the nation exactly what they did in each of the constituencies on the Copperbelt as the PF lost in a number of places especially in Chingola and Nchanga constituencies.
What crime did HH commit mwe bantu?? Can some explain this to me.
HH committed contempt of court, he scandalised judges, insulted them and anabavula ati nepotistic, evil musketeers, unprofessional, corrupt, that they got money from Lungu. He needs to prove these allegations. His friends are in court and him he is not, why? because of justice favours the rich and ant not the poor like Bishop Mambo?
Mwe bantu it put the bench in disrepute.
You *****s cricitising judges after they a have passed a ruling is not contempt.
People need to read the constitution carefully and cleary understand when one commits perjury .
If fact perjury or contempt of court applies to an individual giving false evidence in court or trying to mislead the court. It also includes some one commenting on the case publicly when the judges have not passed any judgement like what Lungu did.
After matters have been concluded by the courts and are out of trial any one is allowed to exercise their freedom of speech to comment either positively or negatively of the judges conduct on the matter.
HH castigated judges after the ruled while disregarding all the evidence availed to them by the team.
The whole thing is likely to backfire and enter the endless list of “nolle prosequi” with potential to turn the persecuted into a hero a.k.a “The last man laughing.”
The way I see this is that the chap who wrote the letter may end up in sh!t. Suppose HH has evidence of corruption. You think the judges would risk bring this case to court? Fresher Siwale is yet to appear in court, why has Lungu failed to sue siwale?
if HH had any evidence do you think he would wait for contempt proceedure to bring out the evidence
HH has evidence of corruption of Larry Mweetwa paying HH money to bring Chairmane into UPND and he also has evidence of Mutinta paying money to a Pastor to stand as mayor?
THE PF ARE GETTING WORRIED. THEY KNOW THEY HAVE MESSED UP THE ECONOMY AND THAT WE ARE GOING BACKWARDS AND COME ELECTION TIME THE COUNTRY WILL BE AT IT’S KNEES AND WILL VOTE FOR A NEW PARTY ——— THEY ARE TRYING EVERYTHING POSSIBLE TO GET OPPOSITION MEMBERS LOCKED UP SO WE ONCE AGAIN HAVE A ONE PARTY STATE !!!!!!!!!!!!!!!!!!!!!!!! YOU PF SUPPORTERS MUST GET YOUR HEADS OUT OF THE SAND AND START SEEING WHAT IS HAPPENING TO OUR COUNTRY.
SRI LANKA HAS JUST GIVEN THEIR SEA PORT TO THE CHINESE ON A 99 YEAR LEASE AS THEY CANNOT PAY BACK THEIR DEBT………………………….. THE RUMOURS ABOUT GIVING ZESCO TO THE CHINSES IS TRUE !
PF will never get worried of Under Five. Under Five will lose in 2021, and even beyond. He is UNELECTABLE and UNLIKABLE. Aslo, he is not a presidential material. No one is stopping him but himself. Try to do what he did to the presidential motorcade in the U.S. and see what the end result would have been for him. He is pushing his luck. CHILDISH.
Hakainde may be using his money today to run away from accountability but he certainly will account one of these days. The man insulted judges, vilified them and scandalised them and yet he can’t be asked to appear in court. Chifire and Mambo are in court, is it because they have no money and are small fishes? Is it because Hakainde has found a way of buying the system? Let fairness come into play. DPP and ConCourt must act. Shame on Muna Ndulo
CALEB – You talk as if the chap is untouchable and he is the head of state..didnt he just spend 100 days in maximum prison for petty traffic issues? Wasn’t he teargased in his own house? Wouldnt you use your own money to defend yourself?
Dont use your cadre brains to blog…that’s not what blogging is about?
JAY JAY – you and me know why everyone is growing feet when a matter involves Hichilema. DPP is dead scared of donors despite evidence; Chibomba (I hear Vincent Malambo was lawyer at JCC) is mute despite cleat evidence. Where is Bishop Mambo and Chifire today? ConCourt will never be respected if people see HH as running away from justice because of Commonwealth or his riches. This perception is real. Let HH publicly show remorse and we move on. He is untouchable, it appears.
Gay Jay it was not petty traffic issues. Be objective. Your cadreism is being exposed UPND chap
He is already accounting. They ensure he loses all elections
Lock up the little boy.
HaTribes defence.
LT I cant see any of comments!!
Only prudent that Kainde should prove his corruption allegations against the judges. It will send a clear warning that we require civility in our politics.
Politics of insults and character assassination have become the order of the day. Time our politicians learnt a lesson!
These so called PF bootleggers have no other things to talk about, but HH . they are spending sleepless nights, thinking about what HH would do to them, when he becomes president . you can not tame us like wild animals in our mother land . 2021 is your end . RB did every thing to hoodwink the people by bringing different party campaign materials, but it did not work . chiluba tried Third term it did not work . enough is enough . we may be docile but when we make a decision it becomes final. the more you talk ill about HH the more we realise that he is the most feared opposition leader than the rest. then you have made him popular. Nitandabube munshikolanswa shine shiileta . ni shimukunga nsoke . Nishimukanga mbelu, abenebambelu bakanga ilyobali mukutalapo. Nisengunsengu , ubwikalobwansaka…
continued. Bumusuke tasukwa umwaka akasunkwa ninshi alikasa ichipuna amafi , tabwawama . mwikale bwangala , ulupashi lusuma kumasebele . twende mwandi ulubilolwamwipi kubangila . Umweni tabika matwi , abika amaat , HH twende kosa , leka amashanina bunga yashala yalye amashola .
No one can urge the DPP to prosecute anyone for criminal contempt. Mr Mwitwa is aware of this fact. He cannot direct the DPP to do her work. Let the concerned man lodge a complaint to the relevant authorities.
Is this the same manner some people urged the DPP/ Police to charge HH for treason? what was the result? A nolle….. Zambians never trust some people who seem to display to be very patriotic and democratic….
Let us be true to ourselves …. HH has been arrested 15 times and charged but no conviction to date… All cases collapsed….
Come on Zambia, between the two offences of Treason and Contempt, which one must be feared most? The sentence of Treason is dead and contempt is not even life imprisonment but a simple sentence or fine….
The Noise around contempt is…
And you wondered why this is a sh*thole country matching in long strides back to the stone age period!
Instead of calling the ACC to investigate and substantiate calls of corruption in the judiciary, they are calling for the victim of the said corruption’s life. Corruption by powerful state bureaucrats is to a minimum about perception and not necessarily tangible, hard evidence because citizens don’t have access to their hidden corrupt activities. And it’s not even contempt anyway.
For the record, Prof Muna Ndulo’s article has not been contradicted by LAZ’s remarks. Prof Ndulo merely questioned the unprecedented steps taken by the D/CJ to give legal conclusions outside the court on a potential legal case. He also questioned the interest and stake of Chilombo in the issue. But…
continued…
…But he never said anything contrary to what LAZ have said.
By the way LAZ indeed ‘died’ with the previous president Linda Kasonde. This dude is here to serve Lungu and the PF, his immediate task being to ensure Lungu has no credible opposition in his 3rd term shady elections. Watch this space!
All the corruption scandals and this is what the country is spending its time and energy discussing… sh*thole country for sure!
The Noise around contempt is irrelevant….. Probably someone is scarred to hold dialogue or he has fail to run the national affairs .
I want to say this contempt has no firm ground .
HH is scared of his little shadow.
What has HH done? LAZ has completely lost direction. It is all stupid to think that HH with all the frustration he went through and a clear indication of the failure of the judicial system to hear his case, is still being persecuted. PF, have your house in order and HH is not to blame for the ills brought on Zambia. Even if HH dies to day, Zambia will not in anyway recover form its economic ills and you won’t have a field at all. Leave the innocent Zambian alone.
Agreed mate… they are hell bent on ensuring the guy HH is locked away. It’s simple: they see him as the guy who is a stumbling block to their looting, corruption and 3rd term ‘kumuyaya’ endless ruling. The painful thing is how easy docile Zambians fall for it.
Finally, LAZ has lost direction? Childish.
HH is big-headed because he knows moment he gets to court, he has donors lining up the court, he will have Commonwealth running to his aide, the church, NGOs, etc. They are all in his pockets. What I cry about in this country is where these institutions are when poor people are spending time in jail for flimsy offences. Why is Hakainde this powerful that everyone shivers when its him. Let HH go exculpate himself that his insults are acceptable. We all want to insult those judges or call them corrupt like him
Zambian Judges and Lawyers are corrupt, very corrupt. I support HH
When this issue first came out I warned Under 5 Kaponya (HH) and his minions that this is a well orchestrated move that should not be underrated.
This contempt case will make the Treason episode look like a walk in the park.
Watch this space.
Why should a contempt case make a treason case look like a walk in the park? Are you listening to yourself? Without realising it, you just confirmed that the entire thing is politically orchestrated… well we knew that already.
You know the fun thing, this may actually boomerang in your face like an Aboriginal weapon. 1st it would be an opportunity to rehear the election petition and second it would be an opportunity to subpoena witnesses and evidence from everywhere (including Lungu, the banks, ACC, the judges themselves, etc.). Lungu will be called to share evidence of what he knows when he said he had information that some ConCourt judges are corruptly teaming up with the opposition to deny him a 3rd term and set the country on fire. Don’t think the man will just be sentenced to…
…Don’t think the man will just be sentenced to life in prison all without defending himself. Be careful what you ask for.
Is the law you claim to follow onesided? Who stayed ministers when they were supposed to be disbanded, before the 2016 election campaigns? What happened to the court verdict that those ministers were supposed to pay back monies they received during that period? Did the judges inconstant, setting the time for trial during that fateful court case, and then decided to terminate the case midway, and many more such things which shows judicial bias that puts the courts in disrepute, let the case come and open the can of warms.
HH is a small god in this country. He can commit a criminal offence and still walk with head high up that no one will touch him. None! This is where we are when it comes to justice in Zambia. If u poor here and not politician, u asked to answer. We must get use to this fellow Zambians
Persecuting HH thru Prosecution will put Zambia back in the Spotlight for the wrong reasons. This will just open old wounds on the Mishandling of the HH and GBM 2016 Presidential Petition. This will bring about unintended consequences at a time Zambia is on the Spotlight on Corruption and the Debt Crisis. The DP will be stirring the Hornet’s nest and somebody will be stung. The writing is on the Wall.
It is time to move on.What will the prosecution of HH do to the erring economy.The issue is frivolous and it’s one way of running away from real issues that are affecting the nation.The economical malaise the nation is experiencing needs urgent attention than citing someone on contempt issues that will not bring food on the table.It is a pity that we spend most of our energies on issues that adds no value to the nation.If HH is put in prison,are we going to change anything in relation to our economy.There are times in life to let bygones be bygones.Sleeping dogs should not be resurrected for the sake of dealing with real issues in the nation.An angry man will say whatever comes in the mind and regrets it later on.The economy needs attention because it has leakages.
Where is Laura Miti? He can’t speak against HH because they re buddies? Where are these NGOs who demand equal justice? Justice become justice to them if it doesn’t HH accounting!
How can Laura become he, do you know who you are referring to? Please don’t drink and driv, also don’t drink and bog even if your paid.
CAN SOMEONE TELL ME SOMETHING, DOES THE INTERNATIONAL COMMUNITY TOLERATE PEOPLE COMMITTING CRIMINAL OFFENCES ALL BECAUSE THEY ARE POLITICIANS? LET’S BE FAIR, WE HAVE LOTS OF PEOPLE ROTTING IN OUR PRISONS FOR VERY MINOR OFFENCES. HH SHOULDNT BE ANY SPECIAL. THE RULE OF LAW DEMANDS HE MUST BE PROSECUTED UNLESS U TELL ME THE RULE OF LAW ONLY APPLIES TO POOR CHAPS
Very clear analysis by LAZ not that so called prof.
UPND must come up with Plan B because if HH is taken to court, he will be sentenced and not be eligible to contest 2021. Its time to begin preparing Gary Nkombo for 2021.
It is time they asked Charmaine to lead UPND.
Mr or Miss Trumpet you re in US and you don’t know what is happening in Africa keep quiet you re a run away or a brain drain.
But in South Africa a dung brain knows what is happening in Zambia?
The PF is vindicated. If the PF had control over the Judiciary, HH will have kissed his political goodbyes long time ago but ECL is very tolerant and doesnt want to meddle in judiciary. So HH should continue thanking God he is in race but looks citizens will not let matter die. My advice too is UPND must find another candidate if HH will go to court. He will spend time out like Chituwo but he will kiss goodbye to politics
everyone is innocent before the law….. Courts have a way they deal with cases. It not how you feel about someone that you think the court is do your wish. No sir…… I argued with Winter over treason case of HH and I told him that the state may fail to prove treason…… I was proven right…….. State lawyers consulted me and i told them there was no strong case and must not follow the mob’s hostility over HH. I can asusre the country that the contempt of court proceeding are hard to prosecute……. adduce admissible evidence…..
Mwitwa know what I am saying……. Justice is attained when you engage a serious lawyer whether you are poor or rich……
Noone on this blog shall be a witness if the contempt is taken to court….
Ask Mwitwa to tell the nation the opposite of corruption and he must also define the corruption.
Wapya munzi, HH should tell us how corrupt those judges are.
If he fails to provide and show the evidence of the corruption he must be sent to jail. Full stop.
Let him be heard and help the country by giving us the evidence so that those judges can be fired. Let him man up
Simple minds discuss people
Today u have realised that simple minds discuss people because its HH getting into trouble. Why don’t u always tell HH to stop discussing Lungu every day. Its like in everyday life of HH, Lungu is only thing he can discuss. He dreams Lungu and even when making love to that woman, I guess he thinks of Lungu.
Animo Farm tilts stuff when it involves their little god HH.
alo alo people ,we shall start soon speaking we were on break.I have a lot data to offload.
Instead of Muna Ndulo making running commentaries or newspaper articles he must come and defend his client.
HH should just own up, apologize and move on.
His Lawyer was not available because of LAZ suspension.
Getting another highly charged emotional Lawyer like Linda is not easy in Zambia, ask LAZ and you do not go to ConCourt without a Lawyer at this level.
GIVE ME AN AVIC TENDER TOO. I WANT TO BE RICH AND POWERFUL!
ITS BORING BA ZAMBIA PLEASE LEAVE HH ALONE LET HIM ORGANIZE UPND TO BE A CREDIBLE OPPOSITION TO THIS PF THAT IS STEALING AT WILL, HH CAN BE A GOOD LEADER THAN MULIOKELA
Bembas say “ichinwapofu caletelele pwele”.HH asked for this when he used emotions to insult Concourt judges instead of using his mind to reason.Pressure will be on the DPP now to take this matter to Concourt and if that happens,then Kainde should as well kiss goodbye to 2021 general elections because once convicted,HH wont be allowed to stand in 2021.Hats off to LAZ for clearing the air on this matter!!
ALL WHAT WE WANT TO HEAR FROM MR HH NOW IS EVIDENCE ABOUT HOW CORRUPT CONCOURT JUDGES ARE AND PRESIDENT EDGAR LUNGU MUST FIRE THEM ONCE FOUND WANTING.IF NOT,THEN KAINDE SHOULD BE CONVICTED FOR TURNISHING THE IMAGE OF RESPECTED JUDGES-PERIOD!!
Imwe ba PF you are asking UPND to look for an alternative person to take over from HH because he might be convicted and yet you don’t have a candidate for 2021 . you are still trying to impose Chapona on the people . Whom is your candidate? tell us so that we know. We know you only fear him . if really he is an under five you shouldn’t have been talking about him day and night . He is a very big threat to you . 2021 you will be dead and buried . just start rehabilitating the prisons for these shall be your homes for some years.
I can’t wait to see UPND cry again in 2021. This is when you will know that Zambians dont trust UPND generally
i read professor Ndulos submission and he backed his argument with law by quoting specific articles. One of the issues he brought out was Locus Standi. I don’t know whether its expecting too much but i feel LAZ president should have done us a favor by giving us the evidence of what law says any person can report a contempt proceeding?
What locus standi does a citizen need to report a criminal offence? This is not a civil matter but criminal offence. Ikalenifye naimwe ba UPND
Pamela please don’t expose your ignorance, there is nothing criminal about criticizing public servants like judges especially if you feel there decision incorrect, biased or unfair. It’s truly laughable you Zambians are wasting time on no serious issues like this and besides what will charging HH with a criminal case take you except sink you into more debt. Remember the world is watching you and you received a stein warning after deporting the Zimbabwean guy. Just be quite you don’t know what went on during those elections, you will be shocked to learn that those judges were bribed and now we in deep debt because of them risking our ZESCO. We have borrowed so much and most of you cadres with your leaders can’t explain where all the money went to.
HH TOLD THE WORLD THAT JUDGE SITALI AND OTHERS JUDGES OF THE CONCOURT ARE CORRUPT BECAUSE THEY WERE PAID TO DISMISS HIS PETITION. SO HH SHOULD PROVIDE EVIDENCE OF THIS ALLEGATION. WHEN WERE THEY PAID? HOW MUCH WERE THEY PAID. WHO PAID THEM? WHAT HE SAID AT HIS KASAMA HOUSE IS IN PUBLIC DOMAIN EVERYWHERE. YOU CANNOT EVEN MISQUOTE HIM BECAUSE ITS ON VIDEO. ALL WE WANT IS HIS EVIDENCE. HERE THERE WILL BE NO PRELIMINARIES. LET HIM HUMBLE HIMSELF LIKE THE ERRING BISHOPS MAMBO AND NEVERS MUMBA AND SAY ‘I AM SORRY, I WAS EMOTIONAL AFTER MY PETITION WAS THROWN OUT, FORGIVE ME’