A WITNESS has told a Lusaka Magistrates’ Court that former President Rupiah Banda’s criminal cases are all active in the courts of law.
Roy Chilolo, 40, a court clerk at Lusaka Magistrates’ Complex, said Mr Banda’s abuse of authority of office and corruption as well as concealing gratification cases have not been concluded.
Mr Chilolo was testifying in a case in which former Minister of Justice Wynter Kabimba, The Post Newspapers and its owner Fred M’membe are charged with contempt of court and libel.
Mr Banda wants the court to cite Kabimba, M’membe and The Post Newspaper for contempt of court for commenting on matters that are before the courts of law.
“The case involving abuse of authority of office is before honourable Joshua Banda and is pending ruling while the other case before His Honour Obbister Musukwa has been referred to the High Court for determination of constitutional issues,” he said.
Mr Chilolo said on June 22, this year he was served with a subpoena by Makebi Zulu Advocates to produce two case records involving Mr Banda and his research revealed that the two cases have not been concluded.
He said this in examination-in-chief by one of Mr Banda’s lawyers, Keith Mweemba.
In cross-examination, he said he is not aware that Mr Banda has been charged with an offence called criminal activities.
Earlier, Mr Nchito, who is one of the lawyers representing M’membe, Kabimba and the Post, told the court that he was not feeling well and could not manage to represent his clients.
“Unfortunately, I am not feeling very well and I had an occasion to consult with the prosecutions whom I informed about my predicament. We have agreed that we hear one witness and later adjourn the case,” he said.
Principal resident magistrate Kenneth Mulife has adjourned the matter to June 30 for continued hearing.