THE National Democratic Congress says the continued disregard of court orders by the Chishimba Kambwili group have reached alarming levels that cannot be condoned by any society.
In an interview yesterday, party leader Josephs Akafumba said when the matter of the injunction restraining Kambwili, his agents, his servants or otherwise whosoever from masquerading as president of NDC came up on April 23 in Ndola, former NDC leader Kambwili’s lawyers made two applications of which they wanted to apply for leave to file an affidavit in reply so that they could attach and order for costs from Lusaka which they did not have.
The second was for leave to stay the committal proceedings before the Ndola High Court judge so that they could appeal to the Court of Appeal.
Akafumba however, said the judge made it clear on the two applications and was categorical when she said her stay of proceedings meant stay of proceedings and not discharge of the injunction.
Akafumba added that judge Chibabula told Kambwili’s lawyer Kenneth Tembo to warn his client not to operate above the law.
“She said ‘go also and inform them that my stay of proceedings was a stay and not a discharge of injunction’. It was on this account that she denied them the leave to appeal to the Court of Appeals and said ‘my injunction remains in force’. On their second leg of application for leave to file an affidavit in reply, the judge said in the interest of justice she granted them that leave but said that affidavit must be filed within seven days,” he said.
Akafumba said judge Chibabula however condemned the Kambwili faction in costs and ordered that the same costs should be paid before the next hearing date.
He said Kambwili’s jumping off ship at the late hour when the notice of motion was already done and a date set would not save him.
“This is a lawless group that has no regard for the Judiciary but the time to dance ‘pelete’ is coming. The question before the court will be whether he disobeyed the injunction before he jumped ship to the PF or not; the answer is yes. This therefore clears all the doubts that Kambwili group have had about the misconception of an injunction having been stayed, the injunction has never ever been stayed as confirmed by the judge,” he said.
“So those lawless groups, the Kambwili’s lawless group, are doing so at their own peril and the danger as its stands today, the four of them; Kambwili, Saboi, Kaonga and Mbulo are in possession of a notice of motion for committal to show cause why they should not be sent to prison. This is where the matter stands as at now and this is what transpired in court.”
Akafumba said lawyers for Bridget Atanga and group have written to the Kambwili group to ensure the costs are paid before the next hearing date.
And Akafumba reaffirmed the NDC’s alliance with the UPND and that its president is Hakainde Hichilema.
He said it was unfortunate that all along Kambwili was “hiding” thus derailing the progress of the game changing alliance in the August election.
Akafumba also said there was a ploy by Kambwili to discredit Roan NDC member parliament Joseph Chishala by alleging that he misbehaved when he remained in Parliament to support the controversial Bill 10 last year.
He however said the instructions to remain in Parliament came from Kambwili although Chishala was the one who bit the bullet and rebuke from Zambians.
“Let there be dignity. I know that integrity in Zambian politics now has become extremely very expensive but our group wants to remain focused and in our alliance I can tell you we support Chishala. He did nothing wrong,” he said.
Akafumba said it was unfortunate that today, because Kambwili wants his son Mwamba to stand in Roan, he wants to discredit Chishala.