The Lusaka Magistrate’s Court has refused to cite Minister of Justice Wynter Kabimba for contempt of court.
The court has instead advised defence lawyers representing MMD president Nevers Mumba to make an “appropriate” application if the matter is to proceed.
This is in a matter in which Dr Mumba is charged with alleged abuse of authority of office and mismanagement of public funds involving over 156,000 Canadian dollars or K832,941,456.65.
When the matter came up for continuation of trial before chief resident magistrate Joshua Banda, the state said it was not ready to proceed because the prosecutor handling the matter was bereaved.
Defence lawyer Makebi Zulu said he had no objection to the adjournment as the prosecution had given a valid reason.
Mr Zulu, however, made an application that the court should summon Mr Kabimba whom he accused of commenting on a matter which was still before the court.
He said according to an article which appeared in The Post newspaper on July 24, 2013, Mr Kabimba was quoted making reference to Dr Mumba’s matter.
Mr Kabimba is reported to have said the MMD leadership was in court because it stole money.
“The MMD is in court because their leaders Rupiah Banda and Nevers Mumba have stolen money,” Mr Zulu quoted Mr Kabimba as saying.
Mr Zulu said a statement like this should not come from a minister of Justice who swore to uphold the constitution of the country and that the defence does not take kindly to such statements.
He said the statement is demeaning to the court and tends to show that justice is unlikely to be done in the matter.
Mr Zulu said President Sata also made reference to the matter in court, according to an article which appeared in the
Zambia Daily Mail on July 21, 2013.
“Seeing that those who are supposed to protect our constitution have found our client guilty, we are constrained to apply for contempt against the President but we will reiterate our earlier application to call Mr Kabimba to show cause why he should not be cited for contempt,” Mr Zulu said.
And another defence lawyer Irene Kunda said it is “unprofessional and highly inappropriate” for a lawyer to demean the court and urged the court to take action against lawyers who comment on matters that are in court.
In his ruling, magistrate Banda said the court cannot be swayed by comments made by lawyers and politicians but that matters are dealt with on merit and on the basis of evidence brought to court.
Mr Banda said commenting on a matter that is in court is inappropriate, irregular and offends the law and that members of the public must resist the urge to talk about issues that are in court.
He advised the defence to make an appropriate application if they feel that what was said outside the court proceedings was contemptuous.
“The defence can make an appropriate application for contempt if indeed the minister of Justice said what he is reported to have said,” he said.
In the earlier matter before the court, Mumba is alleged to have failed to comply with procedures in receiving and disbursing CAD$122,229.85, illegally awarded a contract for the electrical works (CAD$9, 000) and carpeting (CAD$ 19, 850) at the Zambian High Commissioner’s residence to Restcon Construction Services and Argos Carpet Limited respectively. Mumba is also alleged to have awarded a contract for the construction of a deck at the Zambian High Commissioner’s residence valued at CAD$5, 248 to Stanmark Construction.
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