A LUSAKA resident facing a contempt of court charge for allegedly insulting the bench yesterday collapsed before five Supreme Court judges.

Daniel Mwale, who was appearing before deputy Chief Justice Marvin Mwanamwambwa, siting with justices Evans Hamaundu, Mumba Malila, Roydah Kaoma and Nigel Mutuna, collapsed whilst in the witness box and had to be taken out after he gained some strength.

Earlier, when the case was called, Mwale’s lawyer, Chola Musonda, informed the court that his client was not well and requested to sit down instead.

Mwale is facing contempt relating to letters he wrote to justices Mwanamwambwa and Florence Lengalenga.

Mwale wrote the letter to justice Mwanamwambwa on October 26, 2017 after the decision of the Supreme Court in an appeal no. 004/2015 between him and Njolomole Mtonga, who was sued as administrator of the estate of Gabriel Siwonamutenje Kapuma Mtonga and the Attorney General.

Mwale had stated in the letter to justice Mwanamwambwa, among other issues, that; “If the Supreme Court bench headed by the deputy Chief Justice can churn out this kind of questionable judgment to support the deeply infiltrated and corrupt civil service, then, as my good friend observed, we are doomed as a nation’. The questionable judgment shocked my family and many of my friends.”

The first count related to justice Lengalenga in which Mwale stated that: “I have a constitutional right to protect my hard earned property from the ever growing army of unscrupulous and corrupt elements (the cartel) in the civil service who are actively working in league with ‘some Judges’ to make our country ungovernable.”

Mwale wrote the letters after he lost the appeal in the Supreme Court.

However, the court said it would confine itself to count two, which involved the Supreme Court bench.

After assistant Supreme Court Master read out the charges to Mwale, the alleged contemnor told the judges that he was unwell and should have been in bed because his blood pressure was high.

After that, he proceeded to purge the contempt by asking to withdraw the contemptuous letter and apologised.

Mwale said because of what he had been going through since 2001, the case has had a toll on his health.

He, however, said he holds the judiciary in high esteem.

Mwale then attempted to give evidence on the same appeal, which he lost and was stopped as judges wondered whether he was purging or renewing his appeal.

Justice Mwanamwambwa asked his lawyer to read loudly to the court the contents of the insulting letter, which Mwale wrote and as the alleged contemnor’s lawyer was reading, Mwale fell to the floor and was assisted by a police officer and court officials prompting the bench to rise as he was being taken outside.

When court resumed, justice Mwanamwambwa told Musonda that if his client was so sick that he could not stand pressure, he should have informed them and adjourned the court in chambers because they are human beings.

“This is your clients own making,” justice Mwanamwambwa said and adjourned the case to January 32.

Meanwhile, the court also adjourned judgment in the contempt case of Rainbow newspaper editor- in-chief Derrick Sinjela to December 20.

Justice Mwanamwambwa informed Sinjela that the judgment was ready but could not be delivered as other justices who heard it were not around to approve it.

Sinjela fell into contempt following articles he published on the Savenda vs Stanbic appeal judgment.