Kambwili in financial trouble, may not file for PF presidency
PRESIDENTIAL hopeful of the once mighty PF Chishimba Kambwili may be forced to shelf his ambitions to run for the party’s presidency on account of the hefty K200,000 nomination fee.
From the coffers of his struggling businesses, the former Roan Constituency lawmaker has has to get more than K800,000 to pay as legal costs following a court defeat early in the week.
While five candidates were handing in their bids to replace Edgar Lungu at the helm of the party yesterday, Kambwili’s head was spinning as a result of legal troubles he brought himself by going against a court injunction and holding an illegal convention where his friends elected him NDC president a few days before he jumped ship and boarded the ill-fated PF boat.
For their mischief, the Court of Appeal has with costs thrown out an appeal by the quartet against the High order in which Bridget Atanga was allowed to commence contempt of court proceedings against them for holding an illegal convention after the Ndola high Court restrained them from holding meetings in the name of NDC and masquerading as party leaders.
Judges Catherine Makungu, Dominic Sichinga and Nicola Sharpe-phiri have dismissed the matter on reasons of inefficiency and condemned Kambwili and his allies to costs.
Atanga who is secretary general of the NDC raised a preliminary issue asking the Court of Appeal to dismiss an appeal by Kambwili and others as they did not seek leave of the lower Court before appealing and that they had ommitted necessary documents in the record of appeal.
Atanga argued that a record of appeal that is not prepared in compliance with the mandatory requirements is incompetent and must be dismissed.
Kambwili and others through their lawyer Kennedy Mambwe conceded that the preliminary objections raised by Atanga were valid but the defects complained of were curable and prayed that they be allowed to amend the record of appeal so that the matter could be heard on merit.
Delivering judgement on the matter judge Makungu said an appellant who discovers that a document which is supposed to be in the record of appeal was left out, should within 14 days of filing the record of appeal, apply for leave to file a supplementary record of appeal and may only file the same upon obtaining leave of the court.
“The defects in this case are so material so that they go to the root of the appeal process. In this matter Kambwili and others have exhibited disrespect for the rules of the court and this cannot be condoned,”said judge Makungu.
“They were only prompted to apply to amend the defective record of appeal by the applicant’s motion to dismiss the appeal. Under the circumstances, Atanga may be prejudiced should we allow Kambwili and others to withdraw the record and amend it as justice delayed is justice denied. For the forgoing reasons, the appeal is dismissed for incompetence with costs to Atanga which may be taxed in default of agreement.”
Kalemba