- Stay Connected
Socialize
RB Advised Over Post ‘Contempt’
LAWYERS representing former President Rupiah Banda in a case in which he is charged with abuse of authority of office concerning a government-to-government oil deal have asked the court to stop the The Post’s continued publication of articles allegedly meant to injure his reputation.
Chief resident magistrate Joshua Banda has advised Banda’s lawyers to make a formal application and start contempt proceedings against the tabloid.
Defence lawyer Patrick Mvunga said The Post has allegedly imported Nigeria’s Civil Society Network Against Corruption chairperson Olanrewaju Suraju, from whom they are getting comments about Banda’s oil case.
Prof Mvunga said this when the matter came up for mention yesterday.
“The Post has imported a Nigerian named Suraju, from whom they are getting statements and we want the law to be applied. We do not want self-styled courts and if the newspaper does not want to stop or respect the court, they should be barred, stopped and be kept at Bwinjimfumu Road,” he said.
Prof Mvunga said Banda is a former head of State and entitled to the due process of the law.
He said the defence cannot be hearing of perceived judgments on Banda’s case in newspapers and before the court process is exhausted.
This is in a matter in which Banda is charged with abuse of authority of office contrary to the law.
But Magistrate Banda said in his ruling that if Banda feels strongly hurt and injured, he should make an application to commence contempt proceedings.
“I take professor’s statement as an observation and not an application. As I have stated before, the court will not be influenced by what is written in the media but what is said in court,” Mr Banda said.
He adjourned the case to June 26 for ruling on whether Banda should be found with a case to answer or not.
Meanwhile, former Minister of Justice Wynter Kabimba and The Post owner Fred M’membe have maintained that their contempt of court and libel case be sent to the High Court for determination of constitutional issues.
Defence lawyer Nchima Nchito said when the matter came up for hearing yesterday that the case should be referred to the High Court because the conditions on which the application was made are very clear and infringe on the constitutional rights of Kabimba and M’membe.
This is a case in which Kabimba, M’membe and The Post have been charged with contempt of court and libel.
Former president Rupiah Banda has asked the Lusaka Magistrate Court to cite Kabimba, M’membe and The Post for contempt of court for commenting on matters that are before the courts of law.
“The question this court should determine is whether this application is frivolous and vexatious,” Mr Nchito said.
He said the court’s decision to refuse the application for an adjournment on Monday has denied the accused persons time to prepare adequately.
On Monday, Mr Nchito applied for an adjournment to allow the defence to secure documents from other courts on which they can base their cross-examination of prosecution witness Newton N’guni.
He said the defence wanted to secure documents in cases in which suspended Director of Public Prosecutions (DPP) Mutembo Nchito appeared before three different courts over his alleged abuse of authority of office.
But Mr Banda’s lawyer, Sakwiba Sikota, said no-one is stopping the defence from accessing the documents.
Mr Sikota said the adjournment of the case should give the defence enough time to secure the documents and prepare adequately for the matter.
Principal resident magistrate Kenneth Mulife adjourned the matter to May 5, 2015 for continued hearing.
Posted by Editor
on April 29, 2015. Filed under LATEST NEWS.
You can follow any responses to this entry through the RSS 2.0.
You can leave a response or trackback to this entry
KAPOWELA WAMU P*U*S*S*Y
April 29, 2015 at 8:24 am
HILDA MALA HOW MUCH DO YOU CHARGE FOR ANAL SEX AND PLAYING WITH MY DCK?!
New Educated Zambia©
April 29, 2015 at 8:39 am
Rb walking freely as a criminal and still able to call the shots while pulling strings on one chagwa. Sata must be turning in his grave. We really question the pfs commitment to fighting corruption. The pf is the new MMD just that this time it has very slow visionless rifraffs masqaredin as leaders. Vote upnd
Hello Haters
April 29, 2015 at 8:55 am
Does RB have any credible reputation left on his name, for his lawyers to push for such a move? Because his entire image at the moment just stinks of mischief. Let’s hope the courts won’t entertain that application.
major chileshe
April 29, 2015 at 9:14 am
I guys hav to apologise for ur leader’s failure to acknowledge the presence of the president edgar chagwa lungu,u could hav advised him to kneel b4 president lungu,we cn only hav 1 president at a tym
major chileshe
April 29, 2015 at 9:14 am
I niggaz hav to apologise for ur leader’s failure to acknowledge the presence of the president edgar chagwa lungu,u could hav advised him to kneel b4 president lungu,we cn only hav 1 president at a tym
Hello Haters
April 29, 2015 at 9:28 am
When you are at church politics aside, concentrate on worshipping God, and during such functions you should avoid inviting yourself to the high table, until the master of ceremony invites, that is the etiquette followed at such functions. Mr officer during your annual balls do you just go to the high table where your commander is sitting anyhow or you observe certain rules?
major chileshe
April 29, 2015 at 11:25 am
Yes protocol is observed quite alryt bt when evry1 is greetin and kneelin b4 the president to accord him the respect that he deserves,sum1 decided to jus walk away,what do u make of that nw?
Hello Haters
April 29, 2015 at 7:04 pm
OK MOVING FORWARD, it is said that touch not the annointed, so perhaps that’s what was at play.but frankly even me, am no fan of kneeling for someone.
The Business
April 29, 2015 at 9:49 am
The delay that’s being caused all in the name of due process. Anyway information asymmetry is the issue where time lags are concerned. Hope justice gets served!!
Forward we stand
April 29, 2015 at 11:13 am
Its a shame dat people we intrust with power jst within a shot period of tym,the demages is so huge.and this is the person who is so close to el,i wonder wat advise he is givin him,its people lik rb dat have put this country to this level,stealin instead of savin the zambian people.
tutu
April 29, 2015 at 2:43 pm
iwe we kalihule ka hildah pela kapowela wamuchinyo akanyo,pantu chikala chakwe anaka ukulomba
mr wise
April 29, 2015 at 5:49 pm
Ka nez ndelolela ulandepo chikala
New Educated Zambia©
April 29, 2015 at 6:31 pm
are you dull? I have already commented ages ago. please scroll up kiki.
Capt juku 1
April 30, 2015 at 5:56 am
The law is the law.learn to comment using the title of discussion. Time to reackon RB.