Home Columns Reflections on the conviction and imprisonment of Mr Chishimba Kambwili

Reflections on the conviction and imprisonment of Mr Chishimba Kambwili

25
789 views
Socialist Party president Fred M’membe
Socialist Party president Fred M’membe

I am not surprised that Mr Chishimba Kambwili has been convicted and sent to jail.

Mr Kambwili had made very serious allegations of soliciting a bribe against the trial magistrate. The logical thing would have been to remove this magistrate from hearing Mr Kambwili’s case to ensure that a fair trial is not only guaranteed but it is also seen to be assured.

I don’t think Mr Kambwili received what can pass or be seen as a fair trial.

Without delving into the merits or demerits of the case, very few can say Mr Kambwili has been convicted and sent to jail by an impartial magistrate. There was no fair trial in this case. It’s very important for every accused person to have a fair trial.

It’s actually impossible to overstate how important the right to a fair trial is. Honestly.
Fair trials are the only way to prevent miscarriages of justice and are an essential part of a just, fair and humane society. Every person accused of a crime should have their guilt or innocence determined by a fair and effective legal process.

But its not just about protecting suspects and defendants. It also makes our nation safer and stronger. Without fair trials, victims can have no confidence that justice will be done. Without fair trials, trust in government and the rule of law collapses.

The right to a fair trial has long been recognised by the international community as a basic human right. Despite this, it’s a right that is increasingly being abused in this country to settle political and other scores with devastating human and social consequences.

Despite the importance of fair trials being recognised by the international community, this basic human right is being abused day-in-day-out in this country. We must put an end to these abuses. Let’s build a criminal justice system in which every person’s right to a fair trial is respected. We won’t get there overnight. But with each step we take towards a criminal justice system in which every person’s right to a fair trial is respected, we are protecting our people against miscarriages of justice and building fair and effective criminal justice systems that benefit everyone.

Lastly, my great fear is Mr Kambwili’s state of health. He has very dangerous levels of hypertension. If Mr Kambwili was to die in prison under these circumstances his death would be very difficult for this government to explain to our people. This may fuel very serious political mistrust, tension and instability.

Fred M’membe

Mwika Royal Village, Chinsali

October 15, 2020

25 COMMENTS

  1. What are you talking about iwe ka mmembe? Is it not fact that kambwili broke the law ? Now go read the sentencing guidelines for the crime he committed. What is so special about kambwili that he should be let off while common zambian go in for such a crime? Remember it should have been 2 years so he should be grateful and serve his time.

    9
    27
  2. I strongly feel Chishimba Kambwili’s case was flimsy and could have been judged with a reprimand or caution. CK didn’t defraud papers to steal money or contract or anything of that nature. Besides no one would have lost out or deprived of anything, late alone injured by CK’s action. Maybe that’s why PACRA was quiet and didn’t request to be joined to the case. The complainant was an outsider with nothing to gain out of it. For God’s sake, Mwamona Engineering Company is a family business, in which CK was and still is a key player. #freeCKnoW!!!!!!

    21
    7
  3. well if we do an audit of companies owned by the current PF govt officials at PACRA God knows what we will be able to find because all these companies have a contract with govt. Take Sturdy mwale and Chitalu Chilufya of whom the ACC witness revealed he had a running contract with govt with one of his companies. Lets open the pandora box for all govt officials, Zambians must petion the president for this to be done.

    18
    3
  4. Lungu has corrupted and destroyed all systems of governance in Zambia…..

    There is not one system thst has not been corrupted by this lungu……

    This just goes to show you what type of a lawyer he is …….a corrupt dirty theiving lawyer who was even debarred by LAZ for fraud….

    14
    6
  5. I really like and respect Mmembe, dispite how Kambwili pushed to close The Post Newspaper when he was minister of information, here Fred is on his side today.
    Simusamba should be removed as a magistrate judge, his judgements will forever be UNFAIR. He is completely done. In fact the Chief Justice should recall all Simusamba’s cases and let be retrial to all. Despite sentencing ill Kambwili to death with 1 year, all people who have faced Simusamba, will all now feel as innocent.

    7
    6
  6. I long lost respect for Mmembe. He has a history of taking sides. Zambians were oppressed by Sata & yet in his newspapers he wrote in support of “brother Michael”. All this corruption we see today, the foundation was laid by Sata. Sata moved all road & building tenders to state house & dished them out to his ministers & mps. Mmembe was quite. Only if it endangers him, does Mmember write against. Now because he has seen that out of control opposition can be jailed, he writes about the importance of transparency. We didn’t see any transparency inder his brother. To him the brother did no wrong as long as he allowed him not to pay tax. These Eurobonds meant for railways were being shared by sata & Mmembe never put pen to paper about it. Just go & fight against machines mmembe. I have…

    18
    3
  7. Mwamona Contractors is registered at PACRA by Mwamba Chishimba who attaches an NRC belonging to Sampa Kambwili who’s CK’s sister. Mwamba Kambwili is CK’s son but was a minor at the time the registration was made and his name is Mwamba Kambwili and not Mwamba Chishimba. All documents bear CK’s signature. He starts business and gets huge contracts. You search for Mwamba Chishimba but he doesn’t exist. The person that does business and signs all documents is CK. Why didn’t he just present his own documents than a create a Mwamba Chishimba that doesn’t exist? That’s not the way you do things.

    12
  8. Malawi Lawyers Protest Government’s Role in Judiciary. Hundreds of Algerian lawyers protest against Bouteflika. SC to Jantar Mantar: Supreme Court lawyers hold protest march against CAA, NRC, NPR. When I see headlines like these, I also see democracy, what does Zambia have?

  9. Fred Mmembe is right. Kambwili did not have a fair trial. He should have been assigned another Judge. The same Judge whom he reported for misconduct presided over his court cases?……raises some questions?? And this Judge was found wanting….if my memory serves me right

    8
    2
  10. Cadre/civil servant Kaizar Zulu doesn’t get it, “subcontracted power has fogged his thinking”.
    Come and read the article again after Lungu is out of state house. When your chain of crimes start chasing you around. By then you will be seeking Mmembe, HH, Kambwili’s … intervention for fairness.
    It’s coming, not too long.

    7
    3
  11. Indeed it is “Mr.” Kambwili.

    In my opinion, the Judge should slap another year for the fake title of “Dr.” that Kambwili uses.

    Then slap another 25 years, with hard labour, for the theft and corruption while he was serving in government.

    Then slap another 7 months for insulting Tonga people.

    After 2021, he will be joined in prison by Lungu, Tasila, Lusambo, Amos, Kapita, Kaizer, Chitotela, Lubinda, Mushimba, Kampyongo, Chilufya, Mwale, Zed Open Siliya, and many others that have become so rich overnight.

  12. Indeed it is “Mr.” Kambwili.

    In my opinion, the Judge should slap another year for the fake title of “Dr.” that Kambwili uses.

    Then slap another 25 years, with hard labour, for the theft and corruption while he was serving in government.

    Then slap another 7 months for insulting Tonga people.

  13. Kambwili has been convinced only to disqualify him from standing as VP for UPND. Now that he has a criminal record, FP is happy and won’t need him to spend the whole year in jail. Now Lungu will falsely pardon Kambwili and those who don’t know what is happening will praise Lungu as a forgiving president when the guy is actually a criminal.

  14. M’membe like Kambwili have robbed Zambia of its scare currency for too long. Don’t forget this mmembe swindled the the nations out of millions of kwacha. Plus who are his donors again?

    5
    1
  15. Fair trial my cracked foot.
    Many people go to jail day in day out; month in, month out; year in, year out and chaps like M’membe would say nothing. When M’membe was masquerading as a journalist, he played behind the scenes and influenced the Judiciary because those then in power were his friends. That’s old from Mmembe.
    Anyways!
    “Social media is for all, while journalism is for trained communicators (Professionals). But if you allow all and sundry to masquerade as journalists, your profession will perish and you will have yourselves to blame”, ECL, POTROZand CICOTAFs.

    4
    1
  16. @Spaka I agree with you, Lungu should not have been allowed anywhere near State House. Not even to sweep.
    Who is Lungu going to claim next?

  17. “Democracy made simple”
    Ugandan security forces have detained presidential hopeful Bobi Wine on Wednesday during a raid of the campaign headquarters of his newly formed party, according to his lawyer.
    The pop star-turned-politician, whose real name is Robert Kyagulanyi Ssentamu, has previously been arrested numerous times as he has rattled the governing party of President Yoweri Museveni, who has ruled the East African nation since 1986.
    Bobi Wine’s lawyer Anthony Wameli said his client was seized on Wednesday at the Kampala offices of his opposition party, the National Unity Platform (NUP).
    “The police and the army raided the office of NUP, sealed off the premises and all the roads leading to the place before detaining Bobi Wine and other party officials,” Wameli told the AFP news…

  18. Continue
    Bobi Wine’s lawyer Anthony Wameli said his client was seized on Wednesday at the Kampala offices of his opposition party, the National Unity Platform (NUP).
    “The police and the army raided the office of NUP, sealed off the premises and all the roads leading to the place before detaining Bobi Wine and other party officials,” Wameli told the AFP news agency.
    “This is despicable and an attack on democracy by the partisan police and the army,” he said. The reason for the raid was unknown but “politics cannot be ruled out”, he added.

  19. Ayatollah, your explaination now makes sense as to why Kambwili has been jailed.he has been dishonest in his conduct and he did such dishonest conduct knowingly

    4
    1
  20. Ayattolla these are the kinds of discussions that we need to be making. When we simply bring in our on feelings as in the case of YAKS then we lose it. This was a legal matter it does not even matter who brings it to court. The bottom line is that we need a critical mass of honest and credible citizens in our country otherwise we will be crying day in and day out for corrupt people that we vote into power and even those in the opposition some of whom are even more corrupt than the ones in Govt.

  21. Coming to Membe’s thoughts, while Membe has a right to express himself some of us dont think that there is any logic in removing a judge just because an accused person under the courts says he needs another judge. From the begining and given the behaviour of Kambwili during and before the court hearings it was common knowledge that Kambwili was all out to waste the courts time. He knew exactly what he had done and that he did not stand any chance of not being convicted so he tried to pre-empty the court’s outcome. If Membe was this upright and was truthfull, why did he decide not to pay tax but instead hid some of the trucks in south Africa when he was being probed for tax evasion? I saw some of the trucks personally in South Africa. This was during the liquidation time. Other trucks…

  22. … If Membe was this upright and was truthfull, why did he decide not to pay tax but instead hid some of the trucks in south Africa when he was being probed for tax evasion? I saw some of the trucks personally in South Africa. This was during the liquidation time. Other trucks where hiden in Zambia behind high wall fennces but some of these where traced and auctioned. So Mr Membe when did you ever show your upright morals? and when did you ever support the authorities of this country?

LEAVE A REPLY

Please enter your comment!
Please enter your name here