Former President Rupiah Banda has filed 19 criminal contempt charges against Post Newspaper owner Fred M’membe who has been accused of slandering and convicting the former president through his editorials.
President Banda has complained that the editorials were intended to influence and thereby prejudice the current procedings.
In a complaint submitted to court on 25th April 2014 and subsequently reduced to 19 criminal charges, Mr M’membe together with his newspaper, the Post have been charged with contempt for writing defamatory and contemptuous editorials in total disregard of court proceedings which president Banda firmly believes was meant to influence the court process.
The complaint has been lodged at the Lusaka Magistrate Court where it has now been allocated.
Mr M’membe and the Post Newspaper have been dragged to court by president Banda for maliciously insinuating that that the former head of state was corrupt in their editorials, whose contents were prejudicial to the court proceedings.
President Banda has complained that the duo jointly and while acting together did write contemptuous editorials while a judicial proceeding involving the former head of state was pending.
In the first count, Mr M’membe and the Post Newspaper are said to have caused the publication of an editorial comment entitled ‘What is Rupiah afriad of’ whose contents were prejudicial or capable of prejudicing president Banda who was an accused in the proceedings.
President Banda complained that the publication was calculated to lower the authority of the court before whom the former Head of State court proceedings were taking place.
In the second account, Mr M’membe and the Post Newspaper are said to have caused the publication of a contemptuous editorial comment entitled ‘Hakainde is nothing but a defender of corruption’ whose contents were prejudicial.
Mr M’membe and the Post Newspaper in the third count are said to have caused the publication of an editorial comment entitled ‘Some people forget early’ in which the duo accused president Banda of being a corrupt man.
In the fourth and fifth counts, the duo jointly and whilst acting together caused the publication of editorial comments entitled ‘Why are you defending Rupiah’s corruption?’ and ‘Why is MMD defending corruption?’ whose contents were prejudicial against and capable of prejudicing president Banda and which publication were calculated to lower the authority of the court before which the former head of state court proceedings were taking place.
Mr M’membe and the Post Newspaper in the sixth, seventh and eighth counts are said to have caused the publication of editorial comments entitled ‘Opposition and the corruption fight’, Rupiah’s vulgar language’ and ‘Nevers failures and his removal’ whose contents were also prejudicial against the former president.
President Banda has also complained that Mr M’membe and the Post Newspapers jointly and whilst acting together in counts nine, ten, eleven, twelve and thirteen ensured editorials entitled ‘Corrupt politicians shouldn’t stand’, ‘Before things change, we must change’, ‘Stand up and detest acts of corruption’, ‘Mweetwa’s lonely, dangerous mission and ‘Sata’s lone voice on corruption’ respectively were published against him whose contents he said were contemptuous and meant to lower the authority of the court before which the former head of state was appearing.
The duo jointly and while acting together also committed contempt when they knowingly caused the publication of editorial entitled ‘A lonely man’, ‘Siamunene and Hakainde’, ‘Rupiah and the MMD’s future’ which fall in counts fourteen, sixteen and seventeen, the editorial whose contents were not only contemptious but were capable of lowering the authority of the court before which president Banda was appearing.
In the last two counts, Mr M’membe and the Post Newspaper are said to have committed contempt after jointly and whilst acting together caused the publication of editorials entitled ‘What type of leaders do Zambians want?’ and ‘Character’ which were prejudicial to the former president court proceedings.
[Daily Nation]
Fred Mmembe does not lose court cases
Mr Banda strikes me as an irrelevant man who is trying to be relevant.
here is the man who was occupied the high office at the shortest period in zambia’s history clearly trying to make his presence felt when he has yet to clear his names through his deeds ranging from family and minsters.
Enough of him rubbing it in and putting his name in our face.
I hope Mr MMembe wins this hands down.
To be honest this probably the work of HH the man has no credibility whatsoever.
I am sure he is behind this
Shame
Thanks
Mushota, I just had to comment, your analysis of things is indeed your opinion. I just wondered for someone who say they live in Scotland with Nick surely can be that busy coz you always seem to sit on the website and make the most useless comments ever. I think on certain issues you may want to apply some thought instead of verbal garbage. Its people like you that contribute to the slow pace of development in Zambia and they way fellow Zambians might think.
Mushota…that is the DUMBEST analysis ive heard this month!!
Sata has realised that without Eastern province on the side of PF, there is no way his son and PF will rule Zambia. So he has started normalising relations with RB so that he can help him win hearts and minds in the East.
This is Sata ‘s best time to begin to revenge for the insults Mmembe hauled at him before they signed a pact. Sata will punish Mmembe and his clique unreservedly now that he achieved what he wanted Mmembe for. Its now mmembe’s time to dance to his own song of praise. He groomed a serpent and now the serpent has assumed too much power that is beyond Mmembe’s control. I am sure he supported the cobra without any exit strategy should the cobra turn against him.
Mmembe what will you do if the cobra turns against you?Sata is befriending RB against Mmembe’s wishes.
Lombe-
You’r Lozi, not unheard of knowing Lozis are great people but they have no identity in Zambia and are jealous of people renowned to run the country ie Bembas.
Wait, I know what you are thinking, I am being a tribalist, no I am not.Look at the problems the barotse have brought on our beautiful country and the tantrums thrown by people and royal highness in your region, they you will realise where your hatred, envy and abhorrence is emanating from, so stop, just stop.
Yes I live in Glasgow, yes I have a boyfriend Nicholas, what has that got to do with my opinion on Mr Banda, which if you wearily is nothing short of the verity of what most intellects think of him.
Caution! Comment on the subject at hand and not me,unlike you I am respected here and revered copiously…
this is what the post newspaper and Mmenbe have been waiting for to come from Rupiah.
Rupiah through his layers asked Mmembe to apologize and retract all the said editorial but Mmembe vehemently refused and challenged Rupiah to take legal action so that Mmembe can prove that Rupiah was corrupt.
interesting and quite risky for Rupiah to take such action because so much negatives will come out about him
good luck to both of you
“We have never commented on matters that are in court and we have no intention of doing so. But on the other matters where we comment, we do so believing that your client is a crook and a corrupt man. And these are comments we have made from the time he was president,” M’membe said. “Please feel free to take action against us in any court if you feel that your client is defamed and is not a crook, thief and a corrupt man. We are ready to meet him in court and show how crooked and corrupt he is. As for an apology or retraction from us, you won’t get any.” – The Post
Mushota Iwee. Why bring in HH here? HH is the Presido in waiting come 2016!!! Yanunkila state house. We can see basune grazing on the grounds of plot one!!!! Mabisi all over the show!!!!
You are equally irrelevant.
All those getting excited about “any revelations” of corruption or heavy punches from either side, will be disappointed because this is not a libel suit but rather “Comtempt of court” (ignoring court orders) and the focus will be on whether M’membe’s editorials where commenting on on going court cases with the potential to influence the outcome. But then again…19 editorial references to one Man with such vile allegations says something about this Man’s (M’membe) bedtime unwinding thoughts.
Kusauka ABanda, sure!
Lombe & Zion – A fellow blogger advised against comments what other pervets talk about. There simply lonely audience seeks, who want attention.
Let us just comment on the subject matter instead, look at the pros and cons of the same, but please don’t respond to pervets.
I think Mushota is sick.. or probably the education levels are too low. Is it a man or woman?
Finished politician throwing his weight around. He shall learn to keep quiet and enjoy his retirement. He stepped on many feet. He will meet his waterloo and undressed in public.
Don’t you see that there too many finished politicians who can not even articulate issues in the Panga Family today than before? RB was much better than what I am seeing today. Inflation, fights, corruption, discrimination, etc
If Mmembe and Post have proofs as ZWD ( Zambian watchdog) does, let them give it out. Court and Mmeembe are like one and if Mmembe will be scort free, I shall take it up and make him sweat after 2016 General elections.
Time is running out for Fred Mmembe!!! one day it wont be so good for Mmembe and his post
Mushota, I just had to comment, your analysis of things is indeed your opinion. I just wondered for someone who say they live in Scotland with Nick surely can be that busy coz you always seem to sit on the website and make the most useless comments ever. I think on certain issues you may want to apply some thought instead of verbal garbage. Its people like you that contribute to the slow pace of development in Zambia and they way fellow Zambians might think.
Papa Rupiah Banda & all MMD faithful please do all you can to save zambia from the demon called Mmembe.He’s the devil’s advocate and the sooner he’s finished the better for Zambia.
Sata has realised that without Eastern province on the side of PF, there is no way his son and PF will rule Zambia. So he has started normalising relations with RB so that he can help him win hearts and minds in the East.
This is Sata ‘s best time to begin to revenge for the insults Mmembe hauled at him before they signed a pact. Sata will punish Mmembe and his clique unreservedly now that he achieved what he wanted Mmembe for. Its now mmembe’s time to dance to his own song of praise. He groomed a serpent and now the serpent has assumed too much power that is beyond Mmembe’s control. I am sure he supported the cobra without any exit strategy should the cobra turn against him.
Mmembe what will you do if the cobra turns against you?Sata has started to befriend RB against…
Is that a new PF way of brainwashing people because they have now realised that the matters in court wont yield anything? A few days ago some PF cadre tried to sell the same line of Sata forgiving RB I personally won’t buy it
Brother Enka, That is the spirit. All the best to Papa Rupiah.
Mumembe created the molester and Molester is out to rape the creator. Mumembe’s days are numbered. Rupiah will win this case.
What contempt is RB talking about?
Mmembe and the Post newspaper’s defense!
We have been calling him a ‘thief’ since time immemorial, long before after the the case started at court. We have got massive scripts in our achieve.
How did Chiluba lose this same case?
Mmembe has realised that the court cases prosecuted by Nchito are not going anywhere, so he now wants to bring them under HIS own as a surreptitious voyeristic prosecution witness. He will rely on hearsay and will hide behind ‘fair comment.’ He has been here before with Sata. Justice Ngulube let him off with just a slap on the wrist when he insulted Sata, even more than he has done to RB. The only difference now, is that the cases border on contempt of court. It will go very far up to the supreme court one day, and the result is a foregone conclusion. RB is damned if he did, damned if he did not. Mmembe has baited him.
This is the right step for RB. Membe wants to intimidate everyone destroy everyone with his paper. If he evidence as he claims, let him give it Mtembo Tchito so he can present it to the courts. He has looked everywhere for evidence in fabricated oil deal, he has no evidence for second hand vehicles. Finding no evidence as usual in the same way they did with FTJ, destroy him through their paper. Mmembe and Tchito should concentrate on clearing themselves over the 14 Billion they borrowed from Zambian people. Why is the file missing, Tchito, please give us an update.
what supprises me in this country we have one guy who is so rude to anyone , courts inclusive have suffered his poor behaviour by walking away from a presiding high cie judge. and all we see is his arrogance continues .
fred mmembe is an arrogant chap, in this country who preaches anti-corruption, and intergrity and yet he fails to live a life that he preaches.
This is satanic, to say the least. he uses his paper to demonise his perceived enemies, whom he knows have no immediate platform to hit back.
this is *****ic life to live as human beings.
He is a lawyer who should have known the consquences of making such prejudgmental comments to scandalise the court proceedings which are active against his excellency the former president mr rupia banda.
We have weaky magistrate…
The lifestyle of mmembe of fighting with everyone is sad indeed .
the intergrity he preaches does not match his life.
fred membe has no respect to anyone ,he despises courts, he thrives on using his paper to embarrase innocent people, if it were those who have not studied law we can understand the ignorance, but for fred himself is an advocate of the high court and supreme courts of zambia.
matters in the courts should not be commented in a manner, that is suggestive, to have found a person guilty . his comments in his paper are always verdicts, to innocent people.
The other problem we have in this country we have timid justice system especially the junior judges the magistrates, if a case is brought by the state they fail to reason because of promises of promotion.
A big gamble for Rupiah Banda to take on the media. There are no winners in such cases, you get bruised and your ego can be in tatters!
This is a chance for Mmembe to prove that RB is corrupt but also a chance for RB to prove his innocence. There will be only one winner but knowing the Zambian courts it will take us the next 2-3 years before it’s concluded
Mmembe RB is no longer in state house leave him alone to enjoy his tetirement and the fruits of his long sweat, we know you enjoy depressing people to death
What I see here is a situation where the Cobra wants to set himself free from the Homo Mmembe. He wants to use RB to fix him and possibly send him to jail in a perfectly legal way where no one will claim he is persecuting a news paper writer. He will let the court do the dirt work for him. Mmembe thinks the Cobra will protect him but he is very wrong cause the Cobra wants to be in total control of his destination. the only one in his way is Fred Mmembe!! watch this space.
To me it is clear that the courts will find Fred Mmembe guilty cause although he says he has been calling him corrupt all along, the case was not in court then, that’s the difference with now!!!!
Mr. Rupiah has really taken leave from his senses, the public will hear a lot thrash for this case disposed off. Anyway we are waiting for you i hope u are well advised by experts
MUSHOTA….ALEFWAIKA UKULILA BANYINA ELYO AKABA ZII