THE Law Association of Zambia has finally cleared the air by stating that the procedure for reporting the contempt of court committed by Mr. Hakainde Hichilema was followed and that the Director of Public Prosecution (DPP), Lillian Shawa-Siyuni, must evaluate the available evidence to decide whether to prosecute or not to prosecute the case.

Responding to questions from journalists during the Public Discussion Forum on the ‘Executive versus the Judiciary’ organised by News Diggers at Southern Sun Hotel on Tuesday night, LAZ President Eddie Mwitwa stated that any member of the public has a right to make a complaint to the DPP or the courts against contempt committed outside the face of the Court.

Mr. Mwitwa said the DPP has powers to prosecute contempt and the alleged culprit, Mr. Hichilema, is entitled to be represented by a lawyer of his choice before an independent and impartial court.

The LAZ chief said contempt outside the face of court is dealt with like any other criminal offense such as theft where any person makes a complaint with the DPP or the Court and the DPP has discretion to prosecute after evaluating the strength of the available evidence

Last month, Deputy Chief Justice, Marvin Mwanamwamba, in response to a complaint lodged by a citizen wondered why, for “unexplained reasons” the Constitutional Court has not cited Mr. Hichilema, as the “culprit”, to prove his allegations against the three judges of the Constitutional Court whom he accused were “corrupt, evil musketeers setting the country ablaze just over money, nepotism and unprofessionalism.”

The remarks by Mr. Hichilema were defended by his party Spokesperson, Charles Kakoma, who said the Constitutional Court decided not to charge Mr. Hichilema with criminal contempt because they did not deem it as an offence. Mr. Hichilema has also been defended by US based Professor Muna Ndulo, whose remarks have now been contradicted by the Law Association of Zambia.

Various political parties and groups have called for the prosecution of Mr. Hichilema and wondered why he has been treated as a sacred cow when other citizens face similar contempt proceedings before various courts of law. Last year, Mr. Hichilema had himself instituted separate criminal proceedings against a government minister and staff at State House.

10 COMMENTS

  1. Let the case go to court and the petition will be heard because everything Emirates from the petition…LAZ under the new management is strange in short let Keith MWEEMBA meet them in court LUNGU SHOULD ALSO BE SIGHTED FOR ABROGATION OF THE CONSTITUTION FOR NOT STEPPING DOWN WHEN THE PETION WAS FILLED AND A LONG LIST GOES ON.

    • U are Spot on. Lungu on top of refusing to handover Power to the Speaker of Parliament during the Petition Hearing he rebuked and threatened Concourt Judges and warned them not to emulate Kenyan Supreme Court Judges over the hisThird Bid. Let DP cite HH we see. That will give HH to defend his comments and ask why Concourt Bungled his Presidential Petition. The current LAZ Leadership seems to be State Captured and sympathetic to the Executive Arm of Government. The writing is on the Wall.

  2. If there is a person to be cited for contempt, is Lungu. How many times has he commented on matters that are before the courts? He has publicly criticized the judicially and also threatened the judges. It must be known that judicial criticism is not part of presidential functions and immunity would not apply.

  3. Yes. Let the case go to court so that the election petition can be revived. We want to know why the then President did not step down according to the law, the whereabouts of Chavula, why the official election results are not announced and the elections verified as per procedure.

  4. Impeachment why is it on hold?????LUNGU SHOULD BE THE FIRST TO BE SIGHTED FOR CONTEPT OF EVERYTHING GOING WRONG IN ZAMBIA????But all what he does is to go around flush his stolen money bribe a few idiots to attack an innocent man HH shame on you Pfl tell you let Lungu step down and call for early elections he has no vision!!! LUNGUS vision is to bribe corrupt steal now Zambia is broke no money in treasury????

  5. LAZ ARE SURROGATES OF PF NOW EVERYTHING IS CORRUPTION WHY DO EDUCATED MEN MAKE FOOLS OF THEMSELVES????REFRAIN OR BRING BACK THE IRON LADY LINDA KASONGO!!!!!SHAME ON YOU LAZ

  6. It is like Zambian Judges Do Not Remember what they were Taught in Law Schools because common Zambians are able to Annalise Law Proceedings Nicely than Judges. They are only preoccupied with money from those called are in power.

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