Contempt of Court doesn’t only apply to litigants; anyone can be cited – court schools PF
LUSAKA High Court judge Timothy Katanekwa has declined to quash the ex-parte order he granted to Matero PF member of parliament Miles Sampa, to institute contempt of court proceedings against Nickson Chilangwa and three others, who disobeyed his orders.
He said contempt of court proceedings are aimed at preserving the dignity and honour of the court in the administration of justice and that it does not only apply to parties before court.
The court had cited Chilangwa, Given Lubinda, together with their abettors, Raphael Nakacinda and Davies Chama, for contempt of court, for ejecting Sampa from the former ruling party and posing as its leaders, when he prohibited them from doing so and stripped them of their illegal positions.
During hearing of the case in chambers this morning, lawyer representing the alleged contemnors, Jonas Zimba, asked the court to set aside the ex-parte order for leave to apply for an order of committal for contempt of court granted to Sampa, as his clients were not personally served the court documents.
Judge Katanekwa guided that the failure by Sampa to effect personal service is not fatal to the proceedings, as the same is curable by doing the right thing.
He directed that the alleged contemnors be personally served with the court documents, so that they are not ambushed when they are deprived of their freedom.
He adjourned the matter to March 20, to allow Sampa to comply with the directives.
Judge Katanekwa also awarded the alleged contemnors costs, owing to Sampa’s failure to personally serve the documents on Chilangwa and others.
By Mwaka Ndawa
Kalemba