Kabimba,M’membe in legal setback as magistrate dismisses application

Judge Mallet; Hammer
Judge Mallet; Hammer

Rainbow Party President, Wynter Kabimba and Post Newspapers Proprietor Fred M’membe have suffered a legal set-back, after the Magistrate court refused to refer their case to the High court.

This is in a matter where former President Rupiah Banda dragged Mr. M’membe and Mr. Kabimba to court for contempt of court.


It is alleged that the accused published a story suggesting that President Edgar Lungu and Former President Rupiah Banda were framing suspended DPP Mutembo Nchito in order to fix him.

The accused had asked the Subordinate Court to refer their case to the high court after they were denied an adjournment to prepare their defence.


Defence lawyer Nchima Nchito argued that failure to allow the defence time to prepare their case amounted to a breach of the constitution hence the need to go to the High court for redress.

The state objected to this position accusing the defence of coming up with methods to delay the case.

In delivering ruling, Lusaka Magistrate Kenneth Mulife dismissed the application and ordered that trial should continue.


Magistrate Mulife said had the defence told the court that they needed time to look through the court records, he would have allowed them but this was not done.

He said it was unfair to expect the court to grant an application to the defence based on reasons that they did not make when making such an application.


And after the ruling former Deputy Minister of Finance Newton Ng’uni took the witness’s stand and accused suspended Director of Public Prosecutions Mutembo Nchito of having abused his office.

And in cross examination, the accused alleged that Mr. Nchito connived with a Public analyst on Drugs, to accuse Mr. Brebner Changala of having possessed prohibited drugs when in fact not.


Meanwhile a Rainbow Party cadre on Tuesday threatened to break a ZNBC’s TV 2 Camera that was filming proceedings at court.

The cadre later approached this reporter and apologized for his earlier actions.