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M’membe, Kabimba Raise Issues In Contempt Case
FORMER minister of Justice Wynter Kabimba and the Post Newspapers owner Fred M’membe have told the Lusaka Magistrate’s Court that they intend to raise preliminary issues on the indictment in a case in which they are charged with contempt of court.
In this case, Kabimba and M’membe are charged with contempt of court for commenting on matters that are before the courts of law.
When the matter came up for plea before magistrate Kenneth Mulife, lawyers representing Kabimba and M’membe’s said their clients could not proceed with plea because they intend to raise preliminary issues on the indictment before they can do so.
Mr Nchima Nchito, who is representing M’membe asked the court to adjourn the care to a later date.
Mr Nchito said he could not proceed to raise the preliminary issues because he was summoned by the High Court to attend to another matter.
In his complaint, Mr Banda alleged that he was labelled a criminal in The Post publication dated February 13, this year, titled `Lungu’s govt is framing Nchito to cover Rupiah’s criminality- Kabimba’.
Mr Banda said he has never been convicted of any crime by any court of competent jurisdiction within or outside Zambia despite being charged with the alleged corrupt practices.
He further noted that Mr Musukwa found that Mr Banda was presumed innocent until proven guilty and that the proceedings must be reported accurately and fairly.
Mr Banda said he asked his lawyer Makebi Zulu to write to the accused persons that the comments were contemptuous and defamatory and they should render an apology and retract the said comments.
He claims that Mr Kabimba neglected and or refused to heed to the letter and went further to reiterate this position by stating that he will neither apologise to Mr Banda nor retract his comments.
Mr Banda also claimed that the matters complained of are capable of prejudicing him in the cases before the court, which are criminal in nature and that the courts are yet to determine whether he is a criminal or not.
He observed that the comments complained of contravene and defy the ruling of the court and that they are contemptuous and defamatory in accordance with the law.
Posted by Editor
on March 15, 2015. Filed under LATEST NEWS.
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mj banda
March 15, 2015 at 7:50 am
This is a non starter for the government since Nchito will enter again ‘nolle proseque’ in favor of Kabimba and Fred M’membe to frustrate the government. How I wish they chase this criminal(Nchito).
new educated Zambia
March 15, 2015 at 11:47 pm
After pleas by the smart pipo of Zambia to change my blogging conduct I have now decided to contribute positively to our beautiful country.FYI I was just hired by UPND to smear campaign & deliberately discredit the PF government to ruin their public reputation. In fact prior to Jan 2015 polls Muvi TV was given K2.5 million rebased to promote political propaganda against the PF Party to manipulate & influence opinions in favour of UPND!Am sorry PF comrades…
kamata
March 15, 2015 at 8:39 am
You this is another nchito not the dpp
OP man
March 15, 2015 at 8:47 am
Its a non starter. These Idiots have increased air time for DSTV meaning zambia is the highest in southern Africa. Now if a pay K430 for compact plus,K1500 rental,K1500 food and I’m a civil servant I will just remain with my Big chakala.
Ba PF there is no need we can be paying DSTV at such prices. Can you control a dollar.
kakolwe
March 15, 2015 at 1:56 pm
The issue is that you are already a big Cheek Allah! Buy the K85 access bouquet. Use the remaining K370 to buy pockets of cement. Mould blocks & buy yourself a plot. In 18months’ time, you’ll own your house. No rentals. Meaning by to time you reach 65, you will be a landlord with 8 beautiful houses.
April 2015: Shun Multi choice & their DSTV.
mwela
March 15, 2015 at 9:14 am
you are even much better remaining with a big chikala me i will just remain with itole lyeka lyeka
moonde
March 15, 2015 at 10:30 am
walashalafye ne bolo lyeka lyeka kikikikikikikiki!!!!!
new educated Zambia
March 15, 2015 at 10:08 am
Look banda, your time in power was characterised by high unheard of levels of corruption. One need not be charged with theft to be labled a thief when he has immunity. Those two were not commenting substantively on the case but merely giving their opinion under their freedom of speech. I wonder what strings lungu will pull to help his old corrupted boss banda. Lungu has been reduced to an ill string puppet being controlled by banda camp. If you need help from an opposition leader to barely win an election what does that make you? Vote upnd to take the trash out
ANNACONDA
March 15, 2015 at 10:28 am
Surely
jobreaker
March 15, 2015 at 11:51 am
and banda he can’t enter Nolle prosque because he is stripped off his powers until proved innocent against the issues raised against him,so forget that.membe and nchito are just starting to realise that its getting real
ba zed
March 15, 2015 at 1:03 pm
Ba kabimba let the law take its course
confu
March 15, 2015 at 2:22 pm
These two nchitos are the remnants of the mailoni brothers. They are up to no good. If you continue following the law they will keep hiding in the jungle of our legal system while they harass people and rape our nation. The government should just send the same soldiers that killed the other half of the Mailoni brothers to maim these idiots. No more court actions. Send the baggars to the martial court son that they can eventually face the firing squad.
New Educated Zambia
March 15, 2015 at 2:45 pm
Said like a real frustrated PF cadre. Law is law. If the majority of zambians could get an education and be law literate then you wouldnt be complaining and calling for the culling of these two powerful chaps. Ignorance is bliss and ignorance is very expensive and you are now feeling the emotional cost of this
confu
March 15, 2015 at 3:09 pm
time will tell. Time is the only factor of change that has never failed to prove a theory wrong or right. Law is law I agree. But for how long is this context going to be sustained – Nchto is law and the law is Nchito. You have put it very well when you say the two powerful chaps. Let us see how long this status quo will be sustained. TIME WILL TELL!!!
New Educated Zambia
March 15, 2015 at 3:16 pm
Of course, being in possession of knowledge in a majority illiterate country means that you automatically become powerful. Knowledge is power. That is why, we in the UPND have universal knowledge as one of our top priorities. recently we heard your minister of education claiming our policy and stating that once the economy is at a better place, then the PF would introduce universal education. vote upnd
fed
March 15, 2015 at 3:59 pm
You in the upnd are just as bad as the people you’re today condamning.you fought viciously the lefting of alabi’s immunity in parliament saying he was being victimised by sata.recently your leader hh was present at the bill appeal hearing of one maxwell mwila a convicted corrupt element kaili you have no principals tefyo? so long as one is on your side it doesnt matter his moral standing in society he has your back.today the people you were calling fagots on zwd running adverts in papers demanding the paying back of our money are angels oho! your favority word VICTIMS.what hypocricy!
confu
March 15, 2015 at 7:50 pm
@NEZ you may want to know that I am neither PF nor UPND. Nor can i claim to belong to any political party in Zambia at the moment. This is because if you are as educated as you say, you may agree with me that the current Zambian politics is not an arena an educated mind would want to delve in. The whole thing just sucks is not attractive to an enlightened mind. That is why my comments may not so much border on political lines.
confu
March 15, 2015 at 7:53 pm
You may wish to know that I am neither PF nor UPND. Nor can i claim to belong to any political party in Zambia at the moment. This is because if you are as educated as you say, you may agree with me that the current Zambian politics is not an arena an educated mind would want to delve in. The whole thing just sucks is not attractive to an enlightened mind. That is why my comments may not so much border on political lines.
deja vu
March 15, 2015 at 3:11 pm
Nothing to do with politics. Mr Rupia Banda as a citizen has got rights before any court of law until he’s found guilty. Noone has any right to pass judgment like these two clowns have been doing
son of a Gun
March 15, 2015 at 5:00 pm
Opinion under freedom of speech? my foot!these senior Cartel idiots are just revolving around people’s minds with no substantial law literacy,when you are under blankets like this NEZ chap whoz brain washed by satanism it very difficult understand this whole thing, take a very close look @ what they are doing,they are simply capitalizing on charges they are facing and switch them,either on or off,and time is passing,can we have brain Tanks in the judiciary?these guys are able and getting away with it,simply because the whole judiciary system is a rote,because of this same DPP,EL needs an over haul in judiciary,but start by firing this chap Nhito Mutembo.in my mother Tongue,Mutembo is a Dead body,so this means, meaning less body.Mutembo uliye Nchito.sought him out.then we will have Transparent judges,Judge Chitambo belongs to the cartel group no doubt.he needs to be shown the Door.
new educated Zambia
March 15, 2015 at 5:37 pm
Alot of warm air being passed here. Who nominated the same chap to be dpp? Are u sayin sata and hence the pf was and are corrupt to bring about his appointment? Just because the dpp has gone against your interests as a party controlled by rb you have now magically realised that he is not fit for the job? Iwe chita get out with that drivel. If dpp followed through with lungus wishes would u be sayin the same
son of a Gun
March 15, 2015 at 8:53 pm
Good boy goes bad,why? because he has now taken the law in his own hands,joined a bad camp who think r un touch able,what we should realize is that,the office of a DPP is not supposed to take sides he should die for what is right,then we can judge him based on that ,not what we have been seeing lately,the judiciary is now coated with corrupt stains,which if it continues,or goes un checked, we will have no justice in the nation,hance jails will be for the poor,the rich easily getting Away with it,smell Coffee here?in case your system is blocked PF will un block your rotten nose trills so u can have fresh breath.watch the spec.the ball is on tomorrow,Mambilima is swearing in the Tribunal for proceedings.just got home from a boat cruise with family,need some rest now.nyt.
Natalia
March 15, 2015 at 10:14 pm
New Educated Zambian
Your comments on this matter are absolutely correct to rhe point.
The saga is masterminded by RB. Look at the way PF is handling the adoptions-SHAMEFUL. The dogs have now taken over PF
kas
March 15, 2015 at 10:51 pm
thumb up to kabimba and mmembe fight on this is your country do not be intimidated
New Educated Zambia
March 16, 2015 at 12:46 am
I would like to inform everyone that the real new educated zambia now has NEZ written on the symbol of my name. thank you bane
Czar
March 16, 2015 at 11:04 am
We are not interested!
deja vu
March 16, 2015 at 5:14 am
Upnd cried foul when Rupia was indicated and called it political victimization. Today its different. Am sure if Rupia had endorsed HH the cries would be other wise
Brian Bweengwa
March 16, 2015 at 10:16 am
Talk about anything else not HH! You make me vomit….a chap who has made UPND to lose Presidential elections 4 times is a nonentity in politics. Close friends have told me not to stand in 2016, I respect them, but I hope they truly have someone undercover as they confided in me. Let us give him a shock, keep him away from the presidency. HH has not presidential face, politically, or else we will be celebrating marginal loses till Jesus comes.
mj banda
March 16, 2015 at 1:24 pm
i am one the ones not interested, inform all cattle followers