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Sunday, November 29, 2020

Kambwili lawyers successfully lodge an appeal as he continues being in prison

General News Kambwili lawyers successfully lodge an appeal as he continues being in prison

The National Democratic Congress, NDC, president Dr. Chishimba Kambwili has successfully lodged in an appeal against both his conviction and sentence at the Lusaka High Court.

The bail hearing pending appeal will be on Monday October 26, at the Lusaka Magistrate’s Court at 10:00hours.

President Kambwili was convicted on October 14, and sentenced to one year imprisonment.

It was alleged that Dr Kambwili on October 29, 2013, with intent to defraud or deceive, forged a No Change Return (Companies Form 71) purporting to show that it was genuinely signed by Mwamba, his son when in fact not.

In count two, it was alleged that Dr Kambwili on the same day, forged the No Change Return form, he knowingly and fraudulently uttered it to an officer at Patents and Companies Registration Agency (PACRA).

In the third count, he was accused of giving false information to a public officer.
Magistrate Simusamba in his judgment said the prosecution proved a case beyond reasonable doubt as regards count one and two of forgery and uttering a false document but that the prosecution failed to adduce sufficient evidence in the third count, resulting in an acquittal.
However, Dr Kambwili through lawyers Musa Mwenye State Counsel, Keith Mweemba, Christopher Mundia and Gilbert Phiri has successfully filed in his summons for admission to bail pending appeal as well as a notice of appeal against his conviction and sentence.

Dr Kambwili has filed 11 grounds of appeal among them that in view of Article 18 of the Constitution of Zambia; Section 39 of the Anti-Corruption Act No. 3 of 2012; and Sections 3 and 6 of the Judicial (Code of Conduct) Act No. 13 of 1999, magistrate Simusamba erred in law and fact when he declined to recuse himself and proceeded to hear the matter and convict him, notwithstanding the fact that he had accused him of trying to bribe him and that he had as a result of the accusation sued him for defamation of character.

He stated that magistrate Simusamba erred in both law and fact when he prematurely curtailed his continued defence of his case and ordered immediate closure of defence notwithstanding that he had applied to adjourn the matter on the ground that his Counsel was appearing before the Court of Appeal on the same date and at the same time.

Dr Kambwili stated that magistrate Simusamba erred in law and fact when he held that Mwamba Chishimba was a fictitious person, notwithstanding the evidence that was placed before court regarding the existence and true identity of the said Mwamba Chishimba.

He has also submitted that magistrate Simusamba erred in both law and fact when he held that by signing Companies Form 71 on behalf of Mwamba Chishimba, he forged the document.

The NDC leader also stated that that magistrate Simusamba gravely misdirected himself both in law and fact when he convicted him against the weight of the evidence on record, and when he held that he and some of his lawyers had no respect for the trial court and that he lied to the court that he had tested positive to COVID-19.

Dr Kambwili further stated that magistrate Simusamba erred in law and fact when he convicted him and imposed what he termed as a punitive sentence, basing his conviction and sentence mainly on his erroneous finding that he had shown no respect for the honourable court, an issue that was not subject of trial before court among other grounds.

According to an affidavit in support of summons for admission to bail pending appeal, Dr Kambwili stated that the offence he was charged with was bailable and hence his application to this court of competent jurisdiction to admit him to bail pending the determination of the appeal.
He stated that if bail was not granted, he was going to suffer prejudice and injustice as there was a possibility of serving the substantial part of the sentence before the appeal is heard thereby rendering his appeal an academic exercise and of no purpose.

“I hereby make an undertaking that if bail is granted, I shall abide by and comply with all reasonable bail terms and conditions that this Honourable Court of competent jurisdiction may impose,” read the affidavit in part.

As NDC, we bemoan the continued heavy presence of the police at the courts and the harassment of Dr. Kambwili’s family, alliance partners especially the UPND, party members and officials. The behavior of the police, like that of the magistrate, shows a clear case of political persecution and there is no reason why the magistrate should continue refusing our president the right to bail.

20 COMMENTS

  1. My personal view is that this is Prolonging the inevitable and may even lead to a longer sentence on appeal as the judge did not err in law. 12 months was lenient in the circumstances as he should have had 2 years.

    Meanwhile we hope he has calmed his overzealous diasporan wlfe. I watched her press statement yesterday and it was clear that she was lying out of her teeth. She kept saying she defended her child. In what way did she do this? She slapped officer and now wanting people to feel sorry for her. What nakedness was there. We just saw fat bellies. Too many Macdonalds

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    • Even if you have what to score with Dr Kambwili that is no way to talk about him and his wife. Mr Zulu you of all people to give a moral lecture? You should be ashamed to rudely say we saw only fat bellies and what is wrong with anyone eating big Macdonds lam sure it’s from there hard earned money unlike your kind that steals and spend on booze and God knows what else.

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  2. Using PF compromised judges to bully citizens will back fire against this clueless government of ba Chishane Shane .Where has the 27 million gone imwe ba Fi colour ?

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  3. These cartel lawyers think they are smarter than the Zambian law itself. They dragged hh through litigations over 4 years that came to nothing. Now they are on the intellectual midget himself, his senseless president of NDC, Chishimba Kambwili. I hope he gets a longer sentence and stays in prison longer-he’s such an irritation!!!

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  4. Kambwili balekulila fye ndalama. These lawyers promised hh deal with his cases. It all came to nothing!!! Isukeni umutwe tata!
    Just admit you were wrong and apologise. Starting to accuse the judge will not take you anywhere.

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  5. Despite their decorum and pomp, most Zambian lawyers are far from being excellent. Isn’t it a scandal that CK appealed against his acquittal despite being represented by “senior” lawyers? Was it necessary for blind supporters to insult the Magistrate in that manner? Napapa

  6. At least Dr Kambwili’s wife has earns an honest living as she is employed in a hospital. Unlike you KZ you are just a mare cadre and kaponya who has made a living from corrupt practices. What would you know about an honest living.

    That’s why you see most of our African brothers move overseas to make an honest living, put their children in schools and educate them.

    It’s sad to say the reality is once power gets into these presidents head, they want to become billionaires overnight.

    Tell me which country in Africa has prospered where the people are enjoying their freedom, thief children are getting educated as well as making ends meet with good paying wages.

    How many of our politicians children are overseas studying

  7. Lesson learnt. Never insult or accuse a judge if you are appearing before him. Remember judges support each other. If you insult the judiciary, know that your days are numbered. You may scream on top of your voice, you will go in. We hope that the judge who will hear his appeal was not insulted by Ck. Imagine going to hell and the devil shows you the video where you were shouting ati timunyante satan

  8. I understand his lawyers made quite a few procedural and technical errors the first time. It was not necessarily the judge refusing. Successful lodging doesn’t really mean they won over the judge. So as I keep saying, there is so much laissez-faire in the Zambian professional sphere it is scary. This is especially so in the non-technical areas (but again, look at Society House).

  9. I think Kambwili is being punished for wrong reasons and it’s personal now that David Simusamba kept on presiding over the case even when the convict complained to the judicial committee.

    In some jurisdiction this one must recused from handling this case.

    We know the culprit behind this and no other than Edgar Lungu.

    PF must go!

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  10. Kaizer demonstrates that in politics there are no true friends. I look forward to the day that he will pour vitriol on his putative friend in State House. Meanwhile, I laugh at the hypocrisy of lawyers lying about an ‘honourable and competent court.’

  11. If you take a lesson from Numbers 16:31-34. Punishment extended to a Man by God includes their whole family and all their properties. When God shows mercy humble yourself and take it. When you see such happening to your whole family, you do well to consider that you are on the wrong side of Gods will. Continuing to disparage the Court and show pride will not end well. Having said this Gods punishment comes in the fullness of the sin we do, so humbling one self may be difficult for one to do whom judgment may have come because of our greatest weakness, pride.

  12. This is purely a Political game. How many Ministers in PF have been convicted even when so much overwhelming evidence of their corruption was in public eye ? ECL had plans to run for third term way back and he new very well that CK had intentions to succeed him and was therefore going to make noise. The noise that would disturb the unity of purpose in the PF. Well he is paying and paying dearly for that intention, of course his democratic right.
    Brothers and Sisters, everything you see now is well calculated and these 2021 elections without God’s intervention in some way are just an academic exercise. Watch the space…

  13. One wonders how these guys cleared at ZIALE! Always found on the wrong side of things! Kambwili’s appeal, wrongly done! UPeND’s petition wrongly handled! What a waste! Just after making a penny or two!

  14. We are trying to find excuses for clear cases of corruption. We Zambians are part of the problem. This is why these so-called politicians will ask for 5 more indefinite years to line their pockets. CK is a thief and the anti-corruption should use him to show them how the others are stealing from us the people with our eyes open. You are looking for excuses for CK who is a nobody and yet some are busy calling the president all sorts of names without proof. Learn to fight your battles. Time for Lungu will come but for now, let’s deal with these thieving politicians regardless of party affiliation.

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