FROM left, Justice Evans Hamaundu, acting Chief Justice Lombe Chibesakunda, Justice Gertrude Chawatama and Justice Justine Chashi. Supreme Court Justice Hamaundu and the two justices will serve on the tribunal to probe Justice Minister Wynter Kabimba over alleged breach of the oath of secrecy. – Picture by MACKSON WASAMUNU.
By JIMMY CHIBUYE anCAROLINE KALOMBE
THE tribunal instituted to probe Minister of Justice Wynter Kabimba’s alleged breach of secrecy has opened and is expected to present a probe report for President Sata’s eventual perusal within 45 days.
Tribunal chairperson Evans Hamaundu said another copy will be presented to the Speaker of the National Assembly within the same period.
“The tribunal was instituted on January 7 this year, and it has 45 days to conclude which indicates that it shall present the findings on February 20 this year,” Justice Hamaundu said.
Justice Hamaundu, who is sitting with two other members, justices Justin Chashi and Gertrude Chawatama, said there will be no room for extensions.
He said to expedite the process the tribunal will only listen to evidence which is within its terms of reference according to the allegations contained in the letter of complaint.
Justice Hamaundu said no other allegations shall be added to the terms of reference for further investigations unless the chief justice adds such mandate.
“We shall allow examination, cross-examination and re-examination of witnesses. We shall admit any evidence from witnesses be it written or oral whether or not such evidence will be admissible in civil or criminal proceedings but we shall not permit objections as to the admissibility of testimony or evidence,” he said.
Justice Hamaundu asked the complainants, Brebnar Changala and Lucky Mulusa; to make a formal application to call witnesses who will only be summoned at the prerogative of the tribunal.
“We propose that we start on Monday January 20, 2014. We shall give five days starting from Monday up to Friday January 24, 2014, after which we shall stop receiving evidence from the complainants,” Justice Hamaundu said.
He said Mr Kabimba has also been given five days starting Monday, January 27 up to Friday January 31 after which the tribunal will stop receiving evidence from him.
Earlier, defence lawyer Bonaventure Mutale said the letter of complaint containing the allegations against Mr Kabimba does not indicate the pecuniary advantage he accrued as a result of his actions.
Mr Mutale said the allegations do not meet the requirements of the law and consequently Mr Kabimba is prejudiced to respond to the allegations.
But Justice Hamaundu said it is the job of the tribunal to determine whether the allegations are true or not.
Meanwhile, the complainants’ lawyer Makebi Zulu expressed concern over Mr Mutale’s continued representation of Mr Kabimba as he was lined up to testify on their behalf.
Mr Mutale is leading the defence with help from Kenneth Kaunda, John Mulwila, Willie Mubanga, Rabson Malupenga, Abraham Mwansa and Andrew Mumba.
Mr Kabimba arrived at the hearing at 14:20 hours in the company of all his lawyers.
Minister of Tourism and Arts Sylvia Masebo, Vice-President Guy Scott’s wife Charlotte, Minister of Home Affairs Ngosa Simbyakula, Minister of Commerce, Trade and Industry Emmanuel Chenda, Deputy Minister of Agriculture and Livestock Luxson Kazabu and Deputy Minister of Community Development, Mother and Child Health Jean Kapata were present at the opening of the hearing.
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