LUBINDA, CHILANGWA, NAKACHIINDA WERE NOT SERVED CONTEMPT OF COURT DOCUMENTS – KATENEKWA TELLS SAMPA
By New Dawn Reporter
LUSAKA High Court Judge Timothy Katenekwa has directed PF Matero Member of Parliament, Miles Sampa to serve contempt of Court proceedings documents to party acting president Given Lubinda, acting secretary general Nickson Chilangwa and chairperson for Information Rapheal Nakachiinda.
In this matter, Judge Katenekwa has guided that Sampa’s lawyers should serve the contemnors in person because they were not served with the documents.
This was after Lawyer representing PF acting party president Given Lubinda, party acting secretary general Nickson Chilangwa and Chairperson for Information Raphael Nakachiinda raised a preliminary application in the matter stating that his clients were not served the documents in person.
In making a ruling, Judge Katenekwa stated that Rules of Court Order 52(3)(2) provides that there should be personal service in a matter of contempt and failure to do so may be fatal to the proceedings.
Lawyer for Lubinda, Chilangwa and Nakachiinda from Makebi Zulu Advocates, Jonas Zimba raised a preliminary issue requesting the court to dismiss the application as his clients were not served any court documents by Sampa’s lawyers.
However, Sampa’s lawyers argued that lack or failure of service of court documents was not necessarily fatal and cited the same rule Zimba had cited in making the application for dismissal of the case.
In making a ruling, Judge Katenekwa stated that Rules of Court Order 52(3)(2) provides that there should be personal service in a matter of contempt and failure to do so may be fatal to the proceedings.
Judge Katenekwa ruled that in matters of contempt proceedings, there have serious consequences such as depriving the contemni freedoms and it was therefore imperative that persons cited must be served the documents without fail.
He ruled that the provision of the rules of the court was not complied with as admitted by Sampa’s lawyers, adding that such was also prejudicial to the party.
Judge Katenekwa said that in deciding an application for contempt, there was consideration as there are other parties involved such as the office of Director of Public Prosecutions (DPP), noting that t the system of administration of Justice must not be compromised.
To this effect, the Court ruled that costs associated with the contempt application will be borne by Sampa.
The Court has therefore rendered an adjournment to allow Sampa’s lawyers to serve the defendants.
The matter comes up on 20th March 2023.