By Oliver Chisenga
ACTING on instructions from the National Democratic Congress, lawyers Japhet Zulu Advocates have written to Inspector General of Police Kakoma Kanganja demanding the release of the party’s media director Emmanuel Malite from “unlawful custody”.
Malite was arrested in Ndola on Wednesday following instructions from Chishimba Kambwili and Saboi Imboela.
In a letter dated June 30, Zulu demanded that Malite be released or brought before court so that he knows the charge for which he is being held.
Zulu said if his client’s “simple and just demand” was not acceded to, he has instructions to cite for contempt of court all the police officers acting in cahoot with the contemnors.
Further, the lawyer said he also had ready instructions to commence habeas corpus proceedings and to bring an action for unlawful detention.
“Kindly refer to the above captioned matter and note that we act for Mr Emmanuel Malite, who is the Media Director for the National Democratic Congress Party (“NDC”) and who is also a witness in the contempt proceedings against Mr Chishimba Kambwili, Saboi Imboela, Ackson Kaonga and Dr Paul Mbulo under Cause No. 2021/HN/070 before the Ndola High Court. Our instructions are to begin by appraising you of the history and current status of the National Democratic Congress Party,” Zulu stated in his letter.
“On the 23rd day of March 2021, Mrs Bridget Atanga (suing in her capacity as Secretary General of the NDC), commenced an action against Chishimba Kambwili under Cause No 2021/HN/070. On the said 23rd day of March 2021, the Ndola High Court granted an order of Interim Injunction restraining the said Chishimba Kambwili whether by himself, his servants or agents or otherwise whosoever, from masquerading as president of the NDC or purporting to transact any business in the name of the party or take any steps or actions whatsoever in the name of the party.”
He said despite the order of injunction, Kambwili and his servants or agents, among whom are Imboela, Kaonga and Dr Mbulo, went ahead to organise what they purport was a “congress” of the NDC in total violation of the order of injunction.
He added that as a result of the actions of Kambwili and his servants or agents, his client (Atanga) sought leave to commence contempt proceedings against the quotet and the court granted leave to commence the said contempt proceedings.
“A Notice of Motion returnable on the 29th of June 2021 was issued against the four contemnors for them to show cause why they should not be committed to prison for contempt of court. The four contemnors appealed to the Court of Appeal challenging the decision of the High Court to institute contempt proceedings. However, on the 7th of June 2021, the Court of Appeal dismissed the contemnors’ appeal with costs. On the 29th of June 2021, the contempt proceedings were due to take off and Chishimba Kambwili, Saboi Imboela and Ackson Lungu were present before court but Dr Paul Mbulo was absent due to some reported illness,” he added.
“As a result of Dr Paul Mbulo’s absence, the contempt proceedings have since been adjourned to the 23rd of July 2021. Mr Emmanuel Malite was scheduled to testify against the four contemnors save for the above mentioned adjournment. However, we are informed that Mr Chishimba Kambwili started accosting Mr Malite within the court premises at the Ndola High Court. Soon after the court hearing, Mr Chishimba Kambwili, Ms. Saboi Imboela and their fellow contemnors organised police officers from Ndola to arrest Mr Malite and had him transferred to Luanshya police where he was held without informing him or his lawyers as to why he was being held.
“Luanshya Police Officers who were in the presence of Ms Saboi Imboela throughout the day kept on saying they were ‘acting on instructions’ from Lusaka. Later in the night, the police promised that they would transport Mr Malite to Lusaka but to date they are still holding him without charge. The action by the Chishimba Kambwili and Saboi Imboela group of using the police to intimidate a witness in their contempt case is not only an abuse of the police but in fact amounts to further contempt of court. Therefore, our instructions are to demand for the immediate release of Mr Emmanuel Malite or that he be brought before court tomorrow the 1st of July 2021 so that he knows the charge for which he is being held.”
Zulu also attached a number of documents to assist Kanganja “in appreciating the current status of affairs” including writ of summons, statement of claim, order of injunction, ex-parte summons for leave to commence committal proceedings, affidavit in support of ex-parte summons for leave to commence committal proceedings and statement in support of ex-parte summons for leave to commence committal proceedings.
Other documents are the order granting leave to commence contempt proceedings, notice of motion for committal of Kambwili, Imboela, Kaonga and Dr Mbulo, the notice of appeal, memorandum of appeal, ruling of the Court of Appeal dismissing the contemnors appeal and discharging all orders made by the Court of Appeal (including the ex-parte order of stay) for want of jurisdiction.
“Kindly acknowledge receipt by signing copy of this letter attached hereto,” said Zulu.