Our appeal on NDC matter was incompetent – Kambwili
CHISHIMBA Kambwili and three of his agents have conceded that their appeal in a matter where a court cited them for contempt is incompetent.
Kambwili, Saboi Imboela and Akson Kaonga were cited for contempt by the Ndola High Court after holding a ‘convention’ in Luanshya after National Democratic Congress Secretary General Bridget Atanga litigated.
But arising from the contempt proceedings, Kambwili as the first appellant together with others appealed to the Court of Appeal to challenge the Contempt charge.
Kambwili and his team then filed a record of appeal before the Court of Appeal.
However, Japhet Zulu Advocates, the lawyers for Mrs. Bridget Atanga challenged Kabwili and Saboi’s Appeal by filing a Notice of Motion asking the court to dismiss the appeal because of its incompetence.
And Japhet Zulu Advocates filed their arguments in support of their Notice of Motion. In their arguments, Japhet Zulu Advocates outlined the various errors in the manner the record of appeal was drafted by Kambwili’s lawyers.
Kambwili’s lawyers, Ferd Jere and Company filed written arguments conceding that their appeal was incompetent and that they had made mistakes in the manner they drafted their appeal.
When the matter came up in the Court of Appeal on August 11, Counsel Japhet Zulu of Japhet Zulu Advocates made oral arguments urging the court to dismiss Kambwili and Saboi’s Appeal because it was incompetent as it did not meet the mandatory prescribed requirements for drawing up a record of appeal.
Kambwili’s lawyers then conceded that their appeal was incompetent and asked the court to be lenient and allow them to correct their errors by filing a supplementary record of appeal.
However, Atanga’s lawyers Japhet Zulu Advocates opposed their plea stating that once the appeal is incompetent, it ought to be dismissed.
They argued that there are no legal provisions allowing an appellant to file a supplementary record of appeal.
The Court of Appeal has since reserved its judgment to a later date.
In an interview soon after the hearing, Japhet Zulu said “they have basically conceded that their record of appeal is incompetent and as such we urged the court to dismiss the appeal with costs. We now await the court’s decision on the matter. Thank you.”
By Oliver Chisenga
Kalemba