NDC presidential spokesperson Edward Mumbi says it is stupid for principal resident magistrate David Simusamba to refuse to adjourn the matter in which Chishimba Kambwili is facing charges of forgery, uttering a false document and giving false information to a public officer when he knows that his lawyer is appearing before superior courts.
Mumbi said he did not wish to be insolent towards the Judiciary but some officers like magistrate Simusamba were an embarrassment to the institution.
“We respect the Judiciary and have always done that but some of these judicial officers are an embarrassment to the point that we may sound contemptuous to the behaviour of the magistrate,” Mumbi said on Monday.
“The lawyer is trying to raise a point that it will be difficult for his client to appear on July 29 and July 31 as he (Keith Mweemba) is supposed to appear before higher courts and the date is taken by the higher court.”
Mumbi charged that magistrate Simusamba should have courtesy for higher courts and those superior to his court.
“For God’s sake, he (magistrate Simusamba) should respect the higher courts, because where does a judicial officer like a lawyer get the first priority of appearance between him and the higher court? We find it very strange that Simusamba should behave like this, his behaviour is very personal,” Mumbi charged.
“You can’t have a magistrate sitting when the accused is supposed to appear in other courts where dates have already [been] taken before him like honourable Mikalile and Kaoma. We expect Simusamba to respect other courts because they gave their dates before he pronounced his dates.”
Mumbi challenged magistrate Simusamba to hang his gloves in the employ of the Judiciary and join politics instead hiding behind his job as an adjudicator.
“We do not want to be insulting the Judiciary, if he (magistrate Simusamba) is trying to be political, he should leave that bench so that he comes in the political field then we actually meet him on the political battle because that is stupid, actually very stupid that he cannot respect other courts because it is documented,” he said.
“And you can not disrespect a defence counsel, a senior counsel, an officer of the court is showing him the diary, he completely ignores it! It is very sad, we don’t want to insult the judiciary but certain judicial officers are an embarrassment like Simusamba.”
Earlier in court, Kambwili’s mother-in-law Godfridah Katemba confirmed that the accused is married to her daughter, Carol Chansa Chipande, and that the couple had a son named Mwamba.
The 76-year-old told magistrate Simusamba that Mwamba is her grandson and was born in Chingola on October 20, 1993 at Nchanga South Hospital.
“When Mwamba was born, we named him Mwamba Chishimba Kambwili,” Katemba said.
During cross-examination by state prosecutor Margaret Chitundu, Ketemba affirmed that Kambwili is dear to her and she would not want him to go to prison.
And Friday Ng’ona, a journalist, told the court that according to the Bemba tradition, there was no strictness on names as one could be Mulenga Chanda and choose to use Chanda Mulenga.
In cross-examination, the 72-year-old, who is the nephew of former clerk of the National Assembly the late Ng’ona Chibesakunda, confirmed that he was an expert when it comes to the use of Bemba names.
When asked how he became an expert, Ngona explained that he was an expert in the use of Bemba names due to the number of years he has lived on earth and being conversant with the Bemba tradition.
“According to the Bemba tradition, it is up to an individual to choose which names you can use among those you have been named. Bembas manage consistency in names depending on which name the family agrees to use,” Ngona said.
At this point, Mweemba made an application for an adjournment to a letter dated but magistrate Simusamba declined saying that at the last sitting he adjourned the matter to July 27 and urged the defense to ensure that they avail all the defense witnesses before court.
Mweemba tried to explain that he was operating under instructions of state counsel Musa Mwenye as he had indicated that the accused would call a minimum of five witnesses.
However, magistrate Simusamba interrupted Mweemba, maintaining that he had directed the defences to ensure that all the remaining defense witnesses were availed before court but to no avail and imposed July 29, 30 and 31 for continued defense.