THE Lusaka High Court has dismissed with costs a case in which Patriotic Front (PF) secretary-general Wynter Kabimba wanted the court to compel the Zambia Revenue Authority (ZRA) to assess and charge duty payable on all MMD campaign materials.
Mr Kabimba also asked the court to order the Drug Enforcement Commission (DEC) to investigate and disclose the MMD’s source of money used to buy campaign materials.
Lusaka High Court Judge Florence Lengalenga dismissed the case on September 13 for irregularity as it was not properly before court. This was when she ruled on an application by the ZRA, MMD and the Attorney General to raise preliminary issues.
ZRA lawyer Arthur Sike submitted that Mr Kabimba’s action was irregularly before court because he did not follow procedure laid down in section 164 of the Customs and Excise Act, Cap 322 of the Laws of Zambia.
Mr Sike told the court that Mr Kabimba’s failure to give ZRA a one-month notice required by law before commencing the action is an irregularity which cannot be cured by the court through exercise of its discretion or by amendment.
He said such failure warrants the dismissal of the writ of summons and subsequent proceedings.
And the MMD argued through its lawyers Eric Silwamba and Professor Patrick Mvunga that Mr Kabimba lacks the requisite locus standi (legal interest) in its tax affairs and any publication or disclosure of any information concerning the ruling party’s taxes is not allowed by provisions of section 21 of the ZRA Act Cap 321 of the Laws of Zambia.
“The originating process filed by the plaintiff (Mr Kabimba) is irregular, misconceived and an abuse of the court process as it is a veiled attempt at instituting criminal proceedings against the third defendant (MMD) contrary to provisions of section 90 of the Criminal Procedure Code…
“The originating process is an abuse of the court process as it is designed to deprive the third defendant of its right to distribute its election literature and campaign freely and in a fair manner, as provided for by Regulation 5 of the Electoral (Code of Conduct) Regulation 2011, Statutory Instrument number 52 of 2011,” the submissions read in part.
Ruling on the defendants’ application on September 13, Ms Justice Lengalenga said she is satisfied that section 164(1) of the Customs and Excise Act is a mandatory provision which Mr Kabimba cannot avoid by alleging that the piece of legislation is discriminatory and offends Article 23 of the Constitution.
“In the absence of proof of requisite notice having been given or served on the first defendant (ZRA) as provided by section 164 (1) of the Act, I am inclined to agree and I do agree with the defendants’ submission that the irregularity cannot be cured by the court exercising its discretion or by way of amendment,” she said.
Ms Justice Lengalenga said she is satisfied that constitutional issues raised by Mr Kabimba’s lawyer Abraham Mwansa have to be brought to court through a petition, as prescribed by law, and this is supported by precedents of decided cases.
She agreed with Prof Mvunga that the court order Mr Kabimba sought for DEC to investigate and disclose the MMD’s source of campaign funds is not tenable, is unusual and the court has no jurisdiction to order such an investigation.
Ms Justice Lengalenga said such an order can amount to interference in the functions of the DEC.
“Further, since there is no law in existence which requires a political party to disclose its income and source, I accordingly find that there is no cause of action in relation to this relief. As for the relief relating to the injunction sought against the third defendant, I find it unsustainable on account of section 164 (1) of the Customs and Excise Act whose noncompliance by the plaintiff is fatal to the action and warrants its dismissal for irregularity.
“In the circumstances, therefore, and for the reasons stated, I allow the first preliminary issue raised by the first and third defendants in relation to section 164 (1) of the Customs and Excise Act, Cap 322 of the Laws of Zambia and accordingly dismiss the plaintiff’s action for irregularity as it is not properly before this court,” she said.
On Mr Kabimba’s prayer to the court to interpret section 164(1) of the Customs and Excise Act, Ms Justice Lengalenga said there is no need for such interpretation as the Act is clear in its meaning and intention for anyone wishing to sue the ZRA to give a one-month notice.
On his request for the court to strike down section 164 (1) of the Customs and Excise Act for allegedly being unconstitutional, she said there are certain prerequisites that have to be put in place before the court can entertain constitutional arguments.
[Zambia Daily Mail]
When or if pf comes to power, all high court and supreme court judges will be reporting to no other than WINTER KABIMBA
Dream on, Sata will not win and Wynter Kabimba will remain the non-Lawyer that he is.
WINTER KABIMBA spent too much time studying from his room in the ruins instead of studying from th library. Hence he was just reading his notes from the exercise book and not library books
IS THIS GUY A LAWYER? FROM BRADFORD UNIVERSITY I GUESS :d
Mr Summer Kabimba, are you ever going to win a case? Even if I was to hire you after suing someone who claimed the sun sets in the east, you will still fail to convince the judge. My advice to you is to go back to law school and do a ka refresher course. Otherwise you will continue being embarrassed in courts
I think even without a law degree, I can sue better than Mr. Kabimba.
#2 PALA DENDE LAMALA, MUSOZE SIMA
i 100% agree with you, most students that use that tactic for exams end up passing the exams but fail to perform in industry because they are not well read. Their body of knowledge tends to be limited to exam material and not diverse scenarials that charecterise real industry.
Bose muli vindele pela ngati ni Spring Kabimba
ITS NOT ABOUT WINNING A COURT CASE ITS ABOUT SETTING PRECEDENCE,THESE JUDGES WILL ONE DAY ANSWER AS TO WHY THEY BEHAVED THE WAY THEY DID…IN A BANANA REGIMES JUDGES BEHAVE LIKE THIS.WHAT NOTICE IS REQUIRED WHICH JUST MADE MMD TO SEAL LOOP HOLES BY THE TIME U GO TO COURT..VIVA PF VIVA WINTER K….
YABA 4TH DEFEAT LOOMING!
What PF’s Bradford University of insults, tujili jili and kaponyalism in Canada can produce is this sub-level product full of kitchen sink.
#1 I totally agree….. and all corrupt ones wil be replaced especially that a new constitution will also be in place
Kabimba is a gonga Lawyer, he should be investigated. He has never won a case ever since he started practicing law. I wonder what type of clients use him. No wonder PF cant win this year’s elections otherwise we may have a useless justice minister, worse than George Kunda
Kabimba is not even doing anything for the party busy talking nosense
this man is an embarassment to all professions, is it because he is nephew to satan why he has been tolerated in PF? @4 spot on, the man lacks basic logic not to mention knowledge. It expalins why some people failed to find a constituency to stand in. Change your carrer ba summer kabimba.
AUTUMN Kabimba,Lawyer,Chief Executive Officer of the Patriotic Front!The BEST RECORD HOLDER in losing court cases.What a C.V!Am sure,no one will ever ever BEAT this record. Kabimba,are you a fool or an *****?
He has cost the PF money, worse, he will cost the PF an election. This guy is a clear example of an educated *****.
Good. I’m tired of this vuvuzela. It’s good he will pay the costs on top of that.
30 days for any department to gather defence.
Why is this law even current?
Does it mean that GRZ Zambia does not function for 30 days?
We can tell how the sewarage and litter collection works….Every 30 days.
Remove the rubbish in power and change to modern policies and accountability in budgets.
hehehe ..ba pf mwasasa..!!
Winter has completely stoped thinking, now that Masebo is right by his side. Let these guys complain, no one can ever satisfy half-brains. You will argue the whole day on straight forward issues and yet, they can’t comprehend complicated staff. We will see what happens after the 20th, it will be good riddance for good and UPND becomes the largest opposition party.
his paper are from PF’s Bradford University of insults,
i like winter kabimba because he is a liar and not a lawyer. he has misled PF guys at one time PF and UPND where playing football together in the nearby bush but now because of winter maize things could not work out. Please zambians count how many cases winter maize has lost since PF started taking the any matters to court. Please before it is too late ask SATA ni to fire him immediately for misleading the party. thus why they are misleading michael sata. this man is very sick even doctors have said. even in the vehicles when the injector pumps has problems you not be able to go anywhere other wise spend colossal sums.
i know people are used to have by elections if we vote for sata i am teling the truth will have by elections posibly within october or early next.
Surely when a lawyer has an assignment at hand, after preliminary preparation with the cient, starts research on the case in all areas of concern. This is good preparation and you cannot easily be emarrassed the way Cold season Kabimba is being humiliated. He is a fool of a lawyer.
Kabimba was cautioned his case was invalid when he just started cooking up the issue but he never took heed. Shame and there is more where this one came from!
Why is stupidity the hallmark of PF staffers and stuffed shirts? Any ***** would have read the relevant law to try and make a reasonable case. Instead he sought a headline in the PFost vuvuzela. I would love to know the correct tax situation on MMD campaign material but this ***** has messed up this interesting case!!
Kabimba, Kabimba. Submit your case now and wait for 30 days. Kabimba, you are a loser.
I bet Winter was always in group 3 for all his primary school years
The gentleman is wasting time on trivial things
Did he do his law studies at Bradford university in Canada or Bradford Day Care Centre in Chawama?
the law in zambia depends on which side you are standing. if you are standing on the blue lane, no problem but if you are not in good standing with the party and its govt, oh, all hell breaks loose. Ask George Mpombo. but all in all, our courts leaves a lot to be desired.
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