By CAROLINE KALOMBE
MMD president Nevers Mumba has been discharged after he was found guilty of contempt of court by the Supreme Court.
In this case, Dr Mumba was charged with contempt of court contrary to the laws of Zambia.
In delivering his judgement, Supreme Court judge Marvin Mwanamwambwa said Dr Mumba admitted the charge, withdrew his contemptuous remarks and apologised.
Justice Mwanamwambwa said the court also considered the mitigation and documents provided by the appellant Leonard Banda which further assisted Dr Mumba in his mitigation.
“We are of the view that the documents provide a strong mitigation in favour of the contemnor. We say so because they relate to issues that the contemnor was complaining about,when he made the contemptuous statements,” Justice Mwanamwambwa said.
He said among the documents was a letter from the secretary general of the Patriotic Front (PF) Wynter Kabimba in which he wrote about the possible disqualification of persons involved in electoral corruption.
Justice Mwanamwambwa said attached to the letter was a legal opinion by the solicitor general.
He said Mr Kabimba’s letter influenced the judiciary public relations officer to issue a statement on nullified parliamentary seats and consequently for the registrar of the High Court to write to the Electoral Commission of Zambia (ECZ) to bar candidates whose seats were nullified by the court.
“We are uncomfortable and worried that this letter and the legal opinion were copied to the acting Chief Justice Lombe Chibesakunda. In our view, it is not in order for an intending litigant to send a letter and legal opinion, relating to intended litigation, to a member of the court,” Justice Mwanamwambwa said.
He said it was this kind of perception which led to Dr Mumba to make the contemptuous statements.
“The truth is that this court does not get directives from anybody to decide election petitions in a pre-determined way. We nullify seats on the basis of the law and earlier decided cases,” Justice Mwanamwambwa said.
He warned political candidates to control and watch their conduct and observe the Electoral Act and the Electoral Code of Conduct.
Justice Mwanamwambwa said the courts would be pleased if nobody petitioned against election results as this would mean no litigation on elections and fewer insinuations against the court when campaigning.
He also denied claims by Dr Mumba that the Supreme Court under the leadership of the acting chief Justice is being used by the PF to deplete the opposition.
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