Leonard Banda subpoenaed to testify in Kabimba tribunal

Wynter Kabimba

Losing Petauke Central Patriotic Front (PF) candidate in the 2011 elections, Leonard Banda has been subpoenaed to testify as a witness in matter the Judge Evans Hamaundu led tribunal is investigating Justice Minister Wynter Kabimba of alleged abuse of abuse and breach of Oath of Secrecy.

This follows the tribunal’s consideration of the facts that both the complainant and respondent had earlier brought before it.

Speaking this morning during the tribunal’s sitting, Judge Hamaundu who is also a Supreme Court Judge has said before the decision to subpoena Mr. Banda to testify as a witness, the members of the tribunal had also critically looked at part 2 of the Parliamentary and Ministerial code of conduct ACT.

Judge Hamaundu says with these two considerations, intends to which the complainant had raised as regards what pecuniary advantage that Mr. Kabimba and any other person got from the disclosed government legal opinion rendered by the solicitor general Musa Mwenye.

Judge Hamaundu says this is the aspect of the issue that has emerged and which has been found to be relevant the reason why Mr. Banda has been subpoenaed.

He also notes that Mr. Banda has already been communicated to and that he is said to be in Lusaka on Wednesday but that his testimony will be heard on Thursday the 30th of January at 09:00hrs in the morning.

And Judge Hamaundu has also disclosed that other matters that have been brought out by the complainant such as the alleged breach of the constitution in relation to alleged interference of independence of the Judiciary by Mr. Kabimba through his August 1 2013 carbon copied letter to Acting Chief Justice Lombe Chibesakunda will be included in the report of the tribunal.

The Complaint’s counsel Makebi Zulu had earlier sought guidance from the members of the tribunal on whether the aspect of interference of independence of the Judiciary was also going to be considered as well when the tribunal looks at the aspect of who else got pecuniary advantage from the government legal opinion.

Meanwhile the respondent’s counsel Bonaventure Mutale had earlier informed the tribunal that Mr. Kabimba had not shown up on today’s sittings of the tribunal because he is attending a funeral of his late sister whose burial is said to be due today.

Mr. Mutale has also however told the tribunal that Mr. Kabimba will be available in the further sittings of the tribunal.

The matter has since been adjourned to Thursday the 30th of January.