By Mwaka Ndawa
I AM a taxpayer, I have the authority to question how taxes are utilised, I have never, I can never and I will never defame the President, Chishimba Kambwili has told Court.
This is in a matter where New Congress Party leader Peter Chanda has taken Kambwili to court for questioning President Edgar Lungu’s association with Lusaka businesman Valden Findlay whom he accused of being a drug dealer.
It is alleged that between September 1, 2019 and September 12, 2019, Kambwili, with intent to bring the name of the President into hatred, ridicule and contempt, published defamatory matter affecting the President by word of mouth to which he was quoted saying “what business do you have with Findlay because we see when you go abroad, when coming out of the plane, the next person to come out is Findlay. Now allegations by the people of Zambia and world over are that maybe the Presidential trips and plane is now being used to courier drugs.”
“There is no way a President worth his salt can be moving and associating with a person who was locked up for drugs, a person who was mentioned in America by a well-known world drug dealer in the name of Goswami and when I say this, is without…you know, it’s with not impunity but I am tying to protect you, President Edgar Lungu. There is no way, my brother wingakwata icibusa no muntu wamusango ifi, (you cannot have friendship with such a person) and I am appealing to the Americans, please come and pick up this man….”
When the matter came up before Lusaka magistrate Felix Kaoma, Kambwili said he was the president of the opposition National Democratic Congress and his job was to provide checks and balances to the government of the day.
He said his other duties were to inform government about the complaints by Zambians and against those in governant and any other issues the people of Zambia were not happy with in terms of the way they were being governed.
When asked why he offers checks and balances by his defense lawyer Keith Mweemba, Kambwili said he is a taxpayer.
He said the government was run by taxes therefore he had the authority to question property acquired using taxpayers’ money and how taxes were utilised.
“As an opposition leader, I research by reading newspapers and articles on social media, listening to the radio and watching news on tv, both international and local, and through that I hear the complaints of Zambian people and I receive correspondence letters written to me asking me to intervene on different issues affecting the country and to communicate to government about the complaints,” Kambwili said.
He said between August and December 2019, he received various letters from all over the country and the particular issue of the said letters concerned Valden Findlay with regards to what had been said in the American court where Vijay “Vicky” Goswami, a drug lord of Indian origin, had mentioned Findlay in his drug dealings.
“The letters were addressed to me and other party members requesting that I comment on the matter involving Findlay’s association with the President,” said Kambwili.
At this point, Kambwili, who had earlier inforned the court that he was unwell, said that his condition had deteriorated as he developed a hand tremor.
“I am not feeling well, I need to rest,” he said.
Magistrate Kaoma said he would give Kambwili a benefit of the doubt because there was slight progress in the matter.
Earlier, magistrate Kaoma refused to adjourn the matter on reasons that Kambwili was unwell every time as such would turn the court into a circus.
Kambwili’s other lawyer Gilbert Phiri sought an adjournment on grounds that his client needed to seek medical attention.
Phiri said that the defense was ready to proceed with defense but he learnt of Kambwili’s illness in the morning.
He said Kambwili’s defense was lengthy and that he could not take the stand as he needed to see a doctor.
However, Jonas Zimba, who is privately prosecuting the matter, lamented that the prosecution team had never occasioned any adjournment in the matter since its inception in 2019.
“We have religiously attended court and discharged our duties. It is a notorious act which I invite this court to take judicial notice of that high blood pressure and diabetes are lifestyle diseases. They are subject to control and elimination,” Zimba submitted.
“If we shall continue adjourning this matter on the basis of these diseases, we shall never make progress in the matter. For this reason, as the state, we are of the view that if medication is taken now, the accused will be ready to open his defense this afternoon. We have no objection having the matter come this afternoon. We say so because every time an adjournment has been obtained at the instance of the accused.”
Zimba said the explanation by Phiri that he was unable to attend court in the afternoon; there are three lawyers on record who by section 85 of the legal practitioners Act chapter 30 volume 4 of the Laws of Zambia were officers of court and subject to direction by the court and hold a higher duty to the court.
“One of the duties is to ensure a speedy conclusion of matters such as this one. We request that the court orders that the matter proceeds this afternoon and defence counsel should be present with their client,” he applied.
Another private prosecutor Charles Changano complained that it would be unfair for the defense to delay the case as justice required that matters of this nature end in time.
“There is nothing before you to warrant an adjournment. I would advise counsel to make the defense short and stick to the indictment,” said Changano.
In his response, Phiri disagreed with Zimba’s arguments that Blood Pressure and diabetes were lifestyle diseases as none of them in the room was a doctor.
He said when an accused indicates that he is unwell, he needs to be given the benefit of seeking medical help and the benefit of recovery.
“Taking medication and appearing before court in the afternoon, BP and diabetes being diseases related to the endocrine cannot be downplayed and it is on the accused to indicate how he feels. We were ready to proceed, we learnt of the accused’s predicament this morning,” he said.
“The accused is intrested in a speedy trial with regards to how long the matter has taken. Counsel Changano has not cited the law that cases of this nature should end in good time. Even if the matter is adjourned to the afternoon we cannot say that he will conclude defense.”
Phiri said he could not speculate what Kambwili’s doctor would advise with regards to the illness and prayed that the accused is given a benefit of doubt to seek medical attention.
In his ruling, magistrate Kaoma said the matter was being privately prosecuted and every adjournment was a cost on the part of the prosecution team.
“This matter was adjourned at the instance of the accused’s sicknes and today the same sickness has been advanced without documentation. If I allow the adjournment, there is a danger of turning this court into a circus,” said magistrate Kaoma.
“The presumption of innocence that the accused enjoys, justice is for both the accused and the state. The objection is sustained and I direct that we proceed.”
The matter has been adjourned to April 16, 19 and 20, this year.