Lawyers warn ZCID against accepting Imboela’s candidature
By Oliver Chisenga
A LAW firm has warned the Zambia Centre for Interparty Dialogue (ZCID) against accepting National Democratic Congress (NDC) faction leader Saboi Imboela’s candidature for any elective position.
In a letter to ZCID, Japhet Zulu Advocates warned that doing so would entail that the institution is “aiding and abetting contempt of court”.
Zulu reminded ZCID that on March 23, 2021, the Ndola High Court issued an injunction against Chishimba Kambwili and his servants or agents restraining them from masquerading as the president of the NDC or purporting to transact any business of the party.
He said the court also ordered Imboela to stop purporting to make any decision or take any steps or actions whatsoever in the name of or on behalf of the party until full determination of the matter or until further order of the court.
“For ease of reference, kindly find attached hereto a copy of the said Order of Injunction. In defiance of the said Order of injunction, Mr Chishimba Kambwili purportedly appointed Ms Saboi Imboela as vice president of the NDC and the said Ms Saboi Imboela purportedly accepted the said appointment and started carrying herself out as NDC vice president. When Mr Chishimba Kambwili resigned from NDC and rejoined the Patriotic Front, Ms Saboi Imboela perpetuated the disobedience of the Order of Injunction by purporting to have taken over as president of NDC,” Zulu said. “Arising from Mr Chishimba Kambwili and Ms Saboi Imboela’s disobedience of the Order of Injunction, Contempt of Court Proceedings were commenced against them on the 15th April 2021. For ease of reference kindly find attached hereto a copy of the Order granting leave to commence Committal proceedings against Ms Saboi Imboela and others. Ms Saboi Imboela and her fellow alleged contemnors had attempted to challenge the said Contempt of Court of Proceeding by appealing to the Court of Appeal under No. CAZ/08/294/2021 but the said appeal was dismissed for incompetence. For ease of reference, kindly find attached the Court of Appeal judgment dismissing her appeal for incompetence. Following the dismissal of the said appeal, the matter went back to the Ndola High Court and Contempt proceedings against Ms Saboi Imboela and others commenced and are currently ongoing. The next dates of hearing are 22nd and 23rd of January 2024. For ease of reference, kindly find attached hereto the Notice of hearing.”
He said despite ongoing contempt proceedings, imboela has continued presenting herself as NDC president.
“Our client informs us that despite being a subject of contempt of court proceedings, the said Ms Saboi Imboela is attempting to contest for the position of vice chairperson of your institution purporting that she is NDC president when the said matter is sub judice under the aforesaid contempt proceedings,” Zulu said.
“Given the foregoing, our instructions are to demand that you do not accept or entertain Ms Saboi Imboela’s candidature for any elective position under ZCID as doing so will entail that your institution is aiding and abetting contempt of court and as such your institution would equally be in contempt of court.”
He said if ZCID does not adhere to his client’s instruction, the law firm will join to the contempt proceedings all association officers who would have facilitated Imboela’s participation in the ZCID election.
Earlier on Tuesday, Imboela was rejected by the ZCID when NDC officials led by Emmanuel Malite delivered the warning letter from the law firm.
As NDC officials arrived at MIKA Hotel, Imboela was about to contest ZCID elections but as soon as the letter was read publicly, the conveners of the polls rejected her.
Let me thank the Lawyers for stopping Saboi from contesting for any position in the Inter Party Dialogue. If the other Lawyers handling PF also had the same, we would have been saved from this confusion we are seeing in PF. Some of these men and women in these opposition parties are just there for causing confusion. What Saboi is doing is exactly what Lubinda was doing, keeping the position for someone. People know that Saboi is keeping that position for CK should he fail to get what he wants from PF just as Lubinda was keeping the position for ECL as he makes his come back to active politics. Unfortunately, these are the same people shamelessly accusing HH and UPND of sponsoring Sampa for the confusion they created themselves.