LUSAKA magistrate Nsunge Chanda says the failure by Chishimba Kambwili’s lawyers to inform her of their decision to withdraw their legal services to their client was disrespectful.
Magistrate Chanda said advocates are aware of the rules and etiquette of the legal profession that they ought to follow in representing their clients.
This is in a matter where Kambwili is facing a charge of contempt of court for allegedly tampering with evidence in relation to Mwamona Engineering and Technical Services Limited at Patents and Companies Registration Agency, which was a subject in an active case before principal resident magistrate David Simusamba.
On October 2, 2020, Joseph Akafumba of MAK partners informed the court that Kambwili’s lawyers, Keith Mweemba, Gilbert Phiri and Christopher Mundia, had withdrawn their legal services during the late hours of October 1,2020.
Akafumba sought an adjournment in order to go through the case record and study the matter.
When the matter came up for cross examination of Kambwili’s arresting officer Stanley Mumbula, David Banda of MAK Partners submitted that at the last sitting, the defense made an application to access the court record but court guided that it could not be accessed as the matter is still active.
“We were guided to engage counsel who had conduct of the case but the notes from other law firms were not availed to us. We engaged counsel in conduct of the matter to continue with the matter and they are agreeable but they are not before court because of other engagements,” said Banda. “We beseech the discretion of the court to adjourn the matter to tomorrow, the matter was given two days, we pray that the application for an adjournment be granted to enable the accused defend his case through counsel who has had conduct of the matter.”
State advocate Mukuma Chipawa did not object to the application by the defense but expressed concern that the matter had delayed due to several adjournments sought by defense.
He asked the court to take judicial notice in the event that trial does not proceed.
In her ruling, magistrate Chanda said advocates were privy to the ethics on how to represent an accused.
“I had no documents from the previous counsel indicating that they have withdrawn from the case, I am hearing it from you, this shows that they lack respect for the court. During training there are ethics that lawyers should observe. This court is not driven by lawyers, it drives itself,” said magistrate Chanda. “I will reserve my ruling for tomorrow and wait for the lawyers.”