FORMER minister of Justice Wynter Kabimba and Post Newspaper owner Fred M’membe have been charged with contempt of court and libel.
Mr Kabimba and Mr M’membe are expected to appear for plea in the Lusaka Magistrate’s Court tomorrow.
Former President Rupiah Banda had asked the court to cite Mr Kabimba, Mr M’membe and the Post Newspaper for contempt of court for commenting on matters that are before the courts of law.
The accused are expected to appear before magistrate Kenneth Mulife for plea.
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 noted that he has been appearing before the Lusaka Magistrate’s Court on two separate charges of corruption before chief resident magistrate Joshua Banda and principle resident magistrate Obbister Musukwa.
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.
Zambia Daily Mail