By Peter Sinkamba

HE ARREST OF NAKACHINDA FOR ALLEGED CONTEMPT OF COURT: WHICH COURT? AND WHICH JUDGE? OR JUDGES?

The Supreme Court of Zambia, in the case of Chifire and other, elaborated in detail what constitutes contempt of court. Being a criminal matter, contempt of court must not be prosecuted merely on conjectures and speculation. Criminal cases must be must be prosecured based on evidence beyond any reasonable doubt.

I saw the clip where Nakachinda was captured talking about some judges meeting the President bla bla bla. He never made mention of any specific name of a judge or judges. And he made no specific mention of a court or courts.

Of course, there are several election-related cases before High Court judges across the country. And there are several court cases before the Concourt. Which one of the courts was Nakachinda talking about? High Court or Concourt?

I repeat what I said a couple of days ago: President Bally should be very careful with State Security agencies. They can deliberately do things to promote a government. And they can do things to deliberately undermine a government and thereby lead to its downfall. Knowing the difference is what most leaders fail to decipher in good time.

UPND and President Bally should be the last to talk about commentaries on the justice system. Do you recall Mr. Henry Chilombo of Lufwanyama who at one point appealled to former DPP to commemce contempt proceedings against Mr. Hichilema? Did the DPP commence those proceedings? Do you remember the allegations?

Mr. Hichilema, was on 10th October, 2017, or thereabout, alleged to have called three Constitutional Court Judges, namely, Her Ladyships Mungeni Mulenga, Anne M. Sitali and His Lordship, Palan Mulonda, as “agents of evil and three musketeers, a crop of judges Zambia has, (who are ) totally disgruntled and corrupt.” Did the Attorney General commence contempt proceedings against him? Did the police arrest him for that?

Do you recall that former Law Association of Zambia (LAZ) President, Linda Kasonde condemned Mr. Hichilema for accusing judges of corruption without valid evidence? Did she commence contempt proceedings against him or report him to Police to be arrested and charged for accusations? By the way, I am surprised that her Chapter One Foundation has lately, especially after elections, been remarkably quiet on constitutional issues! Whatever has happened!

And do you recall that in a separate letter to Judge Hilda Chibomba as President of the Constitutional Court, the said Mr. Chilombo argued that the failure by the Constitutional Court to prosecute Mr. Hichilema for contempt has given rise to continued issuance of contemptuous remarks against Constitutional Court Judges by members of the public? Did the court proceed to cite him for contempt? Do you recall what the Concourt said on contempt of court and the People’s Court?

Of course, the issuance of careless and unsubstantiated allegations of corruption against judges has the potential to create anarchy and eroding public confidence in the courts of law, which are key institutions of governance. However, UPND and President Bally should be the last to talk about it. And they should not be too overzealous on such commentaries. They need deep reflection on where we are coming from and where we are going as a Nation.

As the Head of State in a Christian Nation, we appeal to President Bally to always be guided by the Golden Rule of the Christian Doctrine: Do unto others as you would like them to do unto you. Before he was elected President he always complained of the 16 times he was arrested on flimsy grounds. His executive branch should always remember those complaints.

And President Bally knows too well how much support I rendered to him when he was incarcerated for the so called “treason”.

So, as the Supreme Court demonstrated in previous contempt cases before it, where a court thinks a person has crossed the red line, inside or outside court premises, the court doesn’t need a policeman to arrest that person or the Attorney General or any other person to make application for contempt. The court will surely move itself and cause the alleged offender to appear before it. So imwe Ba UPND, and the executive branch of Government, bola panshi.

The people of Zambia emphatically made it loud and clear they dont want a Police State. Read their lips.

Please focus on economic delivery, and we will whole heartedly support you all the way. Spend more energy in that regard. That is where it matters the most