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.
Daily Mail – CAROLINE KALOMBE, Lusaka