Post Newspapers Editor-in-Chief Fred M’membe today described the libel and contempt of Court charges he is facing together with Rainbow party President Wynter Kabimba as foolish when they appeared before Magistrate Kenneth Mulife for plea.
Mr M’membe was made to apologize and withdraw the contemptuous statement he made on the face of court.
Magistrate Mulife sternly warned Mr M’membe never to repeat such disrespect to the court in future.
And Rainbow Party President Wynter Kabimba, The Post Newspapers and Post Newspapers Editor In-Chief Fred M’membe have pleaded not guilty in a matter they have been sued for Libel and Contempt of Court by former President Rupiah Banda.
Mr. Kabimba 57, the Post Newspapers and its Editor In-Chief Fred M’membe 56 pleaded not guilty this morning before Lusaka Magistrate Kenneth Mulife.
The trio have since been granted a K5,000 cash bail in their own cognizance with two working sureties each.
Magistrate Mulife has since set 20th and 27th April as the date for mention and trial respectively.
This was after Magistrate Mulife dismissed their earlier applications in which they argued that the charges they were facing amounted to duplicity and also asked the Court to refer the matter to the High Court to determine the constitutionality of the count of Contempt.
In dismissing the two applications, Magistrate Mulife explained that he did not think that duplicity arose because despite the charges being drowned from an act of publication through a newspaper, the counts of Libel and Contempt were distinct charges.
Magistrate Mulife also ruled that he did not find any basis to have the matter before his court referred to High Court because the charges the accused are facing are not in any way inconsistent with Article 20 of the Constitution which the trio used in their submission.
He then ordered that the accused take plea but before they could do so Mr. Kabimba, the Post Newspaper and Mr. M’membe asked the court through an application to evoke section 199 of the Criminal Procedure Code (CPC).
The accused through their lawyer Nchima Nchito asked the Court to acquit them owing to absence of the complainant Mr. Banda who has not been attending the proceedings from the time the matter was brought before the court.
In response to the application, lawyers representing Mr. Banda from Keith Mweemba Advocates, Makebi Zulu Advocates and PNP advocates asked the court to dismiss the application on grounds that it was frivolous and vexatious.
Mr. Banda’s lawyers contended that this is because their client was ably represented by counsels and that section 199 of Criminal Procedure Code could not be evoked at the stage of the matter when the accused were only appearing for plea.
Magistrate Mulife found merit in the argument of the complainant’s lawyers and dismissed the application by the defence team after which he ordered that Mr. Kabimba, the Post Newspaper and Mr. M’membe take plea.
The matter has since been adjourned to next month for commencement of trial.
Posted by
HERO
March 24, 2015 at 9:13 am
nambala wanu, bla bla bla bla bla bla
edigar hakainde
March 24, 2015 at 9:18 am
it is good that the man has apologised
Judge Joe Bidden
March 24, 2015 at 9:18 am
Even if I am in the opposition this chap M’membe can be irritating sometimes its good he has apologized, that justifies my condemnation yesterday.
New Educated Zambia©
March 24, 2015 at 9:18 am
Mmembe is only reacting just how any reasonable man would to a legalssystem that has lost credibility and one in which people have lost confidence. Going to zambian courts under pf has just become a procedural process to give judges something to do. When you have your president siding with a man who still has corruption charges and the same president unleashes police on his threats in opposition what u expect? When the same president appoints these judges do u expect fairness surely? Vote upnd
Judge Joe Bidden
March 24, 2015 at 10:11 am
@NEZ You cant call Mmembe’s “Foolish” statement to the Court of Law as ‘any reasonable man would do’ thats contempt of court regardless who pulls the string on top of the Zambian judicial system. Insulting the court in this case a contempt might even work against him even if his application is accepted to the courts. According to our Act, Cap 38, a magistrate/judge within his jurisdiction has the powers to institute a criminal proceeding against M’membe as a new case regardless whether his pending application is valid or not.
vampiro
March 24, 2015 at 10:57 am
I give you credit on this one because you are not reasoning like a upnd cadre. Call a spade by its name. Ugue from professional point of view sometimes. To be in opposition doesn’t mean that you should always be negative.
New Educated Zambia©
March 24, 2015 at 12:30 pm
bidden we are not here to argue about whether mmembe calling the charges foolish is contempt or not. He did not call the courts foolish but rather the charges brought against him as such. This is not a criminal case but rather a civil one. And therefore the term foolish was attributed to the claimants who have commenced proceedings i.e R. banda. I am now questioning your so called sound judgment as a “judge” because your legal know how leaves much to be desired. He was asked to apologise out of respect for the courts. had it been a contemptable case he would have been charged.
New Educated Zambia©
March 24, 2015 at 12:33 pm
In addition, my statment states that how a person would react to a court system that is as useless as one we have in zambia. It is not a lie that the judiciary is incompetent. it is no lie that courts in zambia have been used to fix enemies through political influence. If you think the courts in zambia are in excellent condition then I am convinced that your legal know how is just as superficial as your name.
Zimaningi
March 24, 2015 at 11:30 am
Did u see the join the brotherhood in sangwapo by HH.
Say something Jane Mulenga, maybe u are also a free manson
vampiro
March 24, 2015 at 12:03 pm
My friend jane mulenga died after wishing death on lungu. You will never hear from her. Anyone who wishes death on other people dies first
charles
March 24, 2015 at 12:50 pm
Such unkind comments on our judicial system is frivolous and vexatious. Desperation to unseat a govt that was voted by Zambians who are still breathing and watching the political terrain of our country is too obvious.Well-meaning Zambians should guard against such individuals.
Honestly, M’membe was wrong and the judge was just being kind to him. You can’t use and as Zambians we shouldn’t be insulting our courts of law.
As for HH its unfortunate he may have to wait until doomsday because Zambians will still roll the boat in 2016.
miyanda hamakuba
March 24, 2015 at 12:58 pm
Crookedness does not pay. Wynter Kabimba was justice minister and he saw no reason to help move improve the rotten judicial system because he thought he will easily take over from the late Sata and continue enjoy the corrupt fruits. Mmembe is also to blame for insulting the intelligence of Zambians by belittling the Constitution as imply a piece of paper which was not in itself beneficial to the citizenry. He chose to belittle the Constitution in order to support his Cartel and corrupt friend, Wynter Kabimba. Now they need the defence from a good Constitution and they need fair trial, but the judiciary we have is a rotten one. At one time, Honourable Musukwa advised that the only way to bring sanity to our judicially was to disband it. Kabimba ignored this because he was so burried in scheming to become a PF President, he even shunned the late Sata’s funeral, after poisoning him. Immediately Sara died, Kabimba went to report to their master KK, to ask for the next step. Lungu’s biggest mistake is drawing KK near to him when KK wants only his sons to rule Zambia. Chiluba’s treatment of KK was the best.
zakeyo
March 24, 2015 at 10:37 am
At age 57 and 56 respectively, Kabimba and Mmembe should be examples of sobriety and wisdom. Its just that these brothers are rich and powerful. If it were any simple Zambian nga mbalikaka akale! We all read what what Winter said and we all read what Membe wrote. Our friends are privileged fye ! Awe mwandi, life is not fair! Even these courts are not fair. Help us GOD!
mj banda
March 24, 2015 at 10:59 am
Kupusa m’membe, now you are apologising to the court meaning muchila wapinda like galu kwabene
HARD BODY MUBAUBAU
March 24, 2015 at 11:16 am
Vampiro walasa mwaice.
Ndaje Kahks
March 24, 2015 at 11:18 am
No matter who you are courts are not places for street language. By the way is Mmembe married?
vampiro
March 24, 2015 at 12:05 pm
He is a wanker . Ever heard of gays marrying opposite sex.
Ndeloleshafye
March 24, 2015 at 12:15 pm
I like this hahahaha the end is near. Watch this
Ba buza
March 24, 2015 at 12:25 pm
@ Judge Joe Bidden tata amano mwalikwata,u contributions mostly re non biased or out of hatred,u jst call a spade a spade regardless of(well knwn) ur political affiliation u re not like ukwalola umwela.ur comments re vy interesting to read tho no man is perfect some times mulalubako bt mostly u hit on the head of the nail. hop one fellow can take advice from u.keep up Man Judge.
New Educated Zambia©
March 24, 2015 at 12:37 pm
You say that because he is siding with the PF? Grow out of it. Judge Joe bidden does not represent any opposition political party and especially not the UPND. If you believe the courts in zambia are independent then you are just as clueless as your president. How can you claim kabimba, mmembe as undesriable when they have neverbeen convicted of any criminal case. Whereas your president has a well know criminal record and to top that off he is hanging around a man who has corruption charges hovering around him? Please if you trying to save the little interests you are accumulating due to PF being in power, better shut up and just enjoy quietly. JJB is not UPND and please do not attribute him to the party. He might be supporter but that ends there
Judge Joe Bidden
March 24, 2015 at 2:09 pm
@NEZ ala mune this method too is wrong, with me you will get tired to subtract people from me. Its quite useless of you making yourself as epitome of opposition to the Govt. Just find a better way to get new members definitely your method is counterproductive. Same time do your thing as you wish.
New Educated Zambia©
March 24, 2015 at 3:23 pm
Bidden if you go back to the all the previous posts you will notice that it is you who initially has been commenting on our well thought out responses and constantly complaining of your displeasure. The UPND is bigger than one blogger. We cannot change our policy, aims and way of coming across to the public just for one JJB’s convenience. Please also heed your advice of doing as you wish and avoid giving counter productive comments on our methods and aims as a party. We thank you for your support on other pertinent issues and would like to keep things professional rather than based on trivialities such as how we blog. Our approach does not need to meet your standards. thanks
Judge Joe Bidden
March 24, 2015 at 1:59 pm
Thanks bane.
New Educated Zambia©
March 24, 2015 at 12:48 pm
I know this is totally not related to the article but after careful analysis of Biddens comments and their implications we as a party would like to stress that JJB does not represent the UPND and anything he says should not be taken as official communication from the party. This is because he is not an approved representative of the party. He might be a member and that is where it ends. Please next time you want to attribute anything as coming from the UPND make sure you check who is writing. You can click on my profile to ensure it is actually the official rep talking. RIP to mr nsanda. thanks
Sikiza
March 24, 2015 at 1:00 pm
I thnk thre is no judiciary in zambia bcz of unfairness if it is a common person ,a poor person he was going to b put behind bars for saying folish in front of the court but because ni ba mmembe just advised to apologise .SHAme
New Educated Zambia©
March 24, 2015 at 2:03 pm
and who is to blame for a useless judiciary? Since PF took over we have seen this happening. Masumbu was released and you did not say a single word. Just because it is going against the wishes of your president “ruphia banda” you now want to cry? please grow up ba pf and face reality like a man you self interested bigots
poly
March 24, 2015 at 2:41 pm
Always,if you happen to open your mouth without engaging your brain,the results can be catastrophic. So this is what happened to Fred and he has apologised.His mind cheated him that he was still on Bwinjimfumu road when he had moved to the court.I will now advise Fred to take his GPS for correction before it lands him in many more wrong directions.
son of a Gun
March 24, 2015 at 2:47 pm
Chikala!he is not Masumbu,Masumba!Now you. All understand how powerful satanisim is,you say something not realising what you u r tokn abt,pipo like this Idiot called Membe thot they are above the law,nowander they were not remiting monthly Tax to ZRA thinking they will get away with it,yesterdays foolish reaction,he forgot that his savior Mutembo is under chains,now pay back tym,what ever goes up must come down.who does that?Insulting the courts of the land?I have never seen Arrogance at its highest degree,kutumpa!kugena mukabudula!mu under ware!even if u are right,show remorse,this is a suicide bomber,in zambia of its kind,its just that they are no stiff laws in this country very unfortunately.But any way as PF try by all means bring sanitation in the Judiciary system,this rote has gone rampant.KOLOPA.COM
New Educated Zambia©
March 24, 2015 at 3:26 pm
Your late president sata instituted tribunals to sort out the judiciary. Years later you are still telling us that the judiciary is rotten. Is it a case of a rotten judiciary or a rotten executive in power via the PF? COuld it be a lack of sound management by the PF controlled government? I am happy you are beginning to see your failures as a party and we hope you will now heed our advice for once in your lives.
Sikiza
March 24, 2015 at 6:17 pm
Yo approach is really bad you cnt woo members in this approach.any who wil be elected by people of zambia wil b the president regardles of the party(when u say yo president to me it does not make sense)want you want here is to woo people to be upnd whch is oke but be tactiful other you might not achieve yo objective (inteligent advce)
son of a Gun
March 24, 2015 at 2:48 pm
Tumfweko is UPND
New Educated Zambia©
March 24, 2015 at 3:28 pm
As UPND we would like to refute these claims as attributed by son of a gun. UPND does not have any dealings with Tumfweko and has not entered into any such agreements. We ask that son of a gun comes out with evidence to support his wild claims. Vote UPND
SHIKEPUTIKI
March 24, 2015 at 3:48 pm
Mmembe is guilty until proven innocent
shimaini
March 24, 2015 at 5:27 pm
Iwe NEZ, just who are you to discredit JJB? who are you????? You have no right under whatsoever circumstances to judge or decide who represents UPND. Its chaps like you who are busy discrediting and bringing UPND to its knees. Grow up and represent the party maturely.
Judge Joe Bidden
March 24, 2015 at 5:51 pm
At least its coming from another person. @NEZ need to grow-up there is no ‘personal to holder party’ more so its online discussions. He is very childish. Instead of people working together to get new comers hes busy saying NEZ IS UPND AND UPND IS NEZ! Really?! Grow up dude for the sake of UPND.
jobreaker
March 24, 2015 at 9:10 pm
at ka edu,it is not that he meembe was telling the judges to be foolish but the word he used is provocative. similar to using words like pathetic,useless and such, the way things work in court aren’t the same way things work in Ur bedroom but again we wouldn’t be surprised u the upnd being in support of the most corrupt men in Zambia,how can we say upnd is clean wen their head is corrupt,cut off the head and the rest of it falls.
son of a Gun
March 24, 2015 at 9:20 pm
@NEZ,this guy can blog all day,one may even wonder,am sure ufola kasaka ku UPND!kikikikikiki if its mahala you are such a fool,to spend most of your Prescious time defending a non starter journey to state house with your Hero, get a life.Any way we are now morning Willie Nsanda,may his soul rest in Eternal peace brother man.those who ve got a hand in this will perish in Hell right here on Earth.
kakolwe
March 25, 2015 at 5:54 am
Now am beginning to believe @NEZ has some traces of lunacy. He believes that what he imagines MUST be gospel to all. Now he says his account is managed by official UPDN. Which account? Tumfweko account? He says ‘click on my profile’ which profile? He NO LONGER sees him/herself as an individual but as a UPND Department. He declares himself as the upnd spokesman, when did he fire Lifwekelo and Mweetwa? He durects us to the UPND website, for what? We are here fir NEWS & UPND aint it!
VAMPIRO
March 25, 2015 at 6:14 am
@DEZ is now becoming irrelevant to this site
Mula
March 25, 2015 at 9:08 am
Another Intertainment, Bwafya. Just Thinking, Are We Going To Have Another Nolle Proseque Here Or The Case Will Continue With Insults In Court? Ooh! Sorry The Judge Said No More Insults In Court. Lets Wait And See.
son of a Gun
March 25, 2015 at 9:18 am
@SHIKEPUTIKI,kikikikikiki!Lol!amashinaya! Nawishiba BOYI tapali ne fya Innocent apa,is JUDGE MULIFE in order to release foolish membe after uttering an insult in his face?If that’s the case he is not a qualified JUDGE,because he has abrogated the law by sweeping dirty under the carpet,give u one example,alsk Lawyer by name SOMBO KAYUKWA was apprehended for six months in prison,for simply stating that the JUDGE looks drunk cause his eyes are RED.That wasn’t in the Judges face,it was out after court session,he was later interrogated and ended up six solid months.So who is Membe? Are other pipo above the law?JUSTICE must prevail.
son of a Gun
March 25, 2015 at 9:30 am
Ngate ifyo ndeya na placard one bo!naine mutuke Mulife,on the otherside na apology no one should touch me.so Alilyamo bakutuka. Nokukulishamo,kwati chipuba!That is how rotten the Judiciary is,may the state appeal,no fear no favor,EDGER LUNGU is a lawyer, this a straight forward matter we all knw that.if this goes mute me and my community. We are not Voting 2016.
Trixy
March 25, 2015 at 12:49 pm
I want to refer to @NEZ’s comment as regards JJB. Brother NEZ this time around you are wrong. Please avoid making other people feel like they are less entitled to comment on issues to do with UPND. For me I do not even know what being an official member and ordinary member of a party is. Please run me through this so that I do not encounter a problem. I have been supporting UPND since the times of Sata (a lot of people here will bear me witness). I never at one single time thought that I needed to be an official member to say certain things. When things are wrong, they are wrong and I do not hesitate to point that out. But should that make me less a UPND member? Please advise.
Trixy
March 25, 2015 at 1:32 pm
Yes you have clarified. I was getting really worried and ANNOYED (kikikiki) but it is clear now.
Sikiza
March 25, 2015 at 8:42 pm
As i adviced earlier careful in your approach you may make some junior/new members of upnd be irritated and few out of place let them not feel as though the is a rough procedure for one to be upnd member or what to do to support upnd.mind you ,you want most of the pf youths to dump their party and join pf so dnt let them feel not welcome but make an easy platform for them to feel welcmed(inteligent advice)