By Kapya Kaoma.
Raphael Nakacinda’s Contempt case (based on Section 116 of the Penal Code) does not only put the ConCourt on trial, but also confirms Jesus’ words:
“You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye.” (Matthew 7.5).
In 2016 and 2017, President HH accused President Lungu of paying huge amounts to ConCourt Judges Anne Sitali, Pallan Mulonda and Mungeni Mungeni, whom he depicted as “thugs,” “criminals,” “corrupt,” “musketeers,” and “agents of evil.” The UPND leadership saw no crime. Today, the very ConCourt so sacrosanct to President HH’s Dark Regime, any accusation of this once evil instrument of injustice the AG to prosecute with untold zeal. But will the administration institute similar contempt charges to countless UPND officials, who like President HH, disparaged the ConCourt following the 2016 elections since Order 52 of the Rules of the Supreme Court provides no time limitation when charges can be brought?
On September 9, 2016 during a Press Conference at Chainama Hotel, and again on October 17, 2017 in South Africa, Mr. Hakainde Hichilema claimed ConCourt Judges Sitali, Mulonda and Mulenga where bribed by President Lungu with huge amounts of money to delay the hearing of the UPND petition to nullify Lungu’s victory. On both occasions, he termed them “thugs and criminals who…had raped the Constitution and were therefore not worth the gowns they wore as they lacked integrity and impartiality.” A year later, he repeated the accusation in South Africa on October 10, 2017, but added that a trio were “agents of evil and three musketeers…. totally disgruntled and corrupt…setting the country ablaze just over money, nepotism and unprofessionalism.” All the while the UPND appeal was in Courts.
This attack on the ConCourt and the President was characteristic of the UPND political discourse throughout the Lungu administration. In fact, ample evidence exists on Lusaka Times, and Zambian Watchdog if the new enlightened AG wants to institute new contempt proceedings against UPND politicians too.
Amidst public pressure to indict HH for contempt, on August 15th, 2018, then Deputy Chief Justice, Marvin Mwanamwamba noted that for “unexplained reasons,” the Concourt as the “identified” offended party did not institute contempt charges, hence he didn’t see the reason to do so either–the position also taken by the DPP Lillian Shawa. Ironically the UPND political operatives were all agreed; HH committed no crime.
There is a strategic reason the ConCourt or Lungu’s AG ignored calls to begin contempt proceedings against HH. Judgment. It had adults in the room. When people lose cases, they feel cheated and are likely to say things against judges. Moreover, the Judiciary didn’t want to be viewed as controlled by cadres–as is the case with shameless Kabesha who jumped on the case simply because unemployed Kaponyas went to Central Police demanding his action–a threatening trend in the New Dark Regime. An adult would have raised concern of how this prosecution would be viewed considering that President HH is guilty of Contempt charges–but not in the administration of the Baby Boss where crying babies with pangas threaten the hell out of politicians. And rightly so. They bought them those pangas, armed them and trained them to feast on human blood, and once they show up, politicians wet their diapers and have to do their bidding. With no PF cadres in sight, the Police are now their victims; at the Supreme Court grounds or at Chelstone Police Station–the red ballet vampires for blood roam. So the cadre-free politics HH promised, Bufi! From social media to the streets to the compounds, UPND cadres lack respect for difference. If you don’t join them, your blood, like Chibuku, these vampires to drink.
As bad as PF cadres were, they did not stone Chainama Hotel or demand HH’s blood for calling Lungu and ConCourt Judges names. The Deputy Chief Justice, the AG and DPP let the ConCourt make its own judgment on the HH case–indicative of where we are now. In fact, the HH case was easier to prosecute since his accusation mentioned specific judges–something that personally “defamed” them. But why did the judges ignore his accusations? Because they were adults and not babies like Kabesha and his Baby Boss.
If President Hichilema has to lead, he needs to grow up or else he will be negating himself each time people call him names. Didn’t he call Mwanawasa “Cabbage,” and Sata, “Chimbwi with no plan?” Now that he is in power, he has become, “Chimbwi with no heart–always rejoicing in other people’s suffering. From causing unnecessary traffic jams for people of New Kasama to politically motivated prosecutions, the Chimbwi with NO HEART smiles–it benefits his narcissistic ego!
But will the ConCourt do the right thing and follow the precedent it set during the Lungu administration? Or will it join the Bally Cult and thus be cursed by Matthew 7:5? Kaya!
Iam very sure your article will form part of Nakachinda’s defense in court. He will say, “hey, it’s normal, just ask the current president, he did it twice! I have evidence, thanks to the watchful article by ….,”
I know no merits or demerits of this case and to some extent, if he has the courage to stand on their turf to boldly declare as he did on president bribing those inside, then let him go inside and tell them in their face. I see nothing wrote Sir.
Let your friend Raphael Nakacinda cite this defence and good luck to him.
Chiwamina galu
HH said the truth at that time and Nakachinda has not told the truth, that is why HH was not prosecuted, very simple
Author lost as usual, the one prosecuting Nakachinda is not HH, the police who enforce laws have found that Nakachinda told a blatant lie, so they have taken the case to court as per procedure, please de link the prosecution of this case from HH, UPND is not operationg the way PF was operating by influencing the police to prosecute people. Don’t panic, if your man is innocent he will be set free
I hope Nakachinda will learn this time, he kept insulting Nevers Mumba when he was a reject in MMD, but appears the guy did not know that for a head of state, you can npt just attack him without evidence, let the law take its course the Police and not HH are just doing their job of spotting a crime and taking Nakachinda to court
Awe…
Effective midnight today
1. Fuel @ K 5 per liter
2. Millie meal @ K 50 per bag
3. Fertilizer @ K 250 per bag
4. Free education from grade 1 to University
UBUFI…
5. Meal allowance for all students with immediately we are sworn in.
6. Lower the cost of doing business in Zambia.
7. You hear me when we are sworn in at 10 hrs by the time it’s 14 hrs the Kwacha will appreciate against the US dollar.
8. I will sale the presidential jet once elected as the President
9. Investigative wings will work independently eish they are now in his pocket.
10. Appointment of PS and government officials will be on merit…mamam Cadres are now PS.
Kaya… Anyway it’s Animal Farm
Kikikikikiki Koma uli wamusebanya Ken
HH told the truth at the time……….
Those 3 were highly compromised……..
Where is the evidence bwana?
Since we executing cases in retrospect we can also handle this as well.
The same hh who has been preaching about freedom of speech is now acting like a vagina. Go tell him I called him an under 5 vagina and let him sue me.
deleted
Awe…
Effective midnight today
1. Fuel @ K 5 per liter
2. Millie meal @ K 50 per bag
3. Fertilizer @ K 250 per bag
4. Free education from grade 1 to University
UBUFI…
5. Meal allowance for all students with immediately we are sworn in.
6. Lower the cost of doing business in Zambia.
7. You hear me when we are sworn in at 10 hrs by the time it’s 14 hrs the Kwacha will appreciate against the US dollar.
8. I will sale the presidential jet once elected as the President
9. Investigative wings will work independently eish they are now in his pocket.
10. Appointment of PS and government officials will be on merit…mamam Cadres are now PS.
Kaya… Anyway it’s Animal Farm
Spaka if HH said the truth what makes you think Nakachinda is not telling the truth?
Sir Wrungu’s regime was a govt of lawlessness, this one is different. The police, courts, many institutions have “started” working professionally – its a long way to go, but still. Its unlike in the PF. Citizen have the freedom to mingle, protest, and say as they wish (as long as they don’t infringe other citizens rights) without the fear of being thrown in jail for months on end. in the current setup, Bail is NOW decided by courts of law, not by some bufoon in PF. You therefore can’t just say silly things like this PF guy did
This is the most rotten government Zambia has ever seen every where it is stinking there seems to be no hope at all the economy going down down down, my people have lost hope nothing is working everything in a crisis prices sky rocketing, this is not what zambians were expecting, everyone is regretting and frustrated from every side evil is in full manifestation ,I wonder if this president sold the nation to evil spirits.
Demons insulting every voice of reason they are
Intimidating every decent voice is this the Zambia people wanted.
I look forward to a day when we can debate with sober minds, no hate and just being level headed even as we put our points across.
Ka Nakachinda nthota na mulomo, monga ni ka gelo
Professionally? Hahahahahahaha!!!
This government stinks nothing is working everything is rotten and outdated old fashioned, going back to the 1991 really disappointing to some of us.
Zambians thought something new was in the offing but to the contrary, the rot only getting worse now dilapidation is the order of the day getting deeper and deeper into filthy and wickedness no light to be seen any where near this government is totally lost.
Bemba saying… Ubushiku usheme necimbala cilocha ahah
What will kill Vasco Dagama’s leadership is his pettiness and under five behaviour. Towards the end of his only term He is likely to engage himself in painting the projects done by PF as his only success. There is little focus in this Govt and more of baby actions.
No one is mentioning the judgement delivered by the Constitutional Court that is, if anyone csn even call it a judgement. It was a case in which the President of the CC failed to take control of proceedings and allowed lawyers to conduct themselves in a disrespectful manner to the court. PF cadres later camped in court grounds to ensure that the court did not reconvene to conclude the matter. What kind of judicial process was that? Should we respect that kind of judicial process?
#15 Unfortunately tribal leaning here plays a big part. I end there.
The truth hurts hence Lusaka times deleting my comment. All those insults against ecl went ignored and yet today you want to censor me because I am saying things that are true about your hh. Par-ni-yo pako editor. Chi-car-lar cha mayibako.
WHY don’t you ask the previous AG? I am tired of this amateurish journalism …this guy doesn’t even quote where HH7 said those words and he was very careful what he was saying then by giving references…Nakachinda said judges were being summoned to State House. You don’t say such things without evidence.
Tarino go and kiss hh arse all day
#Tarino, I am not surprised you are such ignorant. This issue was highly debated from 2016 through most of 2019 and LAZ and notable scholars including Professor Ndulo weighed in. I thought the author employed quotation marks and dates to back up his arguments–it is an established tradition in journalism. Just below this OpEd are other pieces related to this issue. Here are others: “The three Constitution Court Judges paid money to deliberately lapse the UPND petition -HH,” Lusaka Times. September 10, 2016;” “Charles Kakoma asked to withdraw his statement on why ConCourt Judges did not charge HH,” Lusaka Times, August 25, 2018; “Indict Hakainde Hichilema for Contempt, DPP told,” Lusaka Times August 18, 2018. “LAZ weighs in on Hakainde Hichilema’s contempt,” September 12, 2018…
PF always panicking for nothing, Their bought author has also done a bad job. He is asking why Nakachinda is being prosecuted, even a grade 2 chap can ask that question
#28, What do you mean? Don’t you see the hypocrisy in this or what? We are talking about the same courts and the same judges here.
28 & 29 And a similar “offense”
Do not put ECL in these useless talks kapya.
You can’t compare lawless h² to ECL. I told you that the nigga is lawless just like his goons.
The chap h² only wants to fix percieved enemies. You will not fix Rafa, he’s hit you where it matters and must have caught you pants down coercing some judges.
How can a corrupt individual fight corruption?