By Wiseman Tembo
SISHUWA SISHUWA SHOULD BE CITED FOR CONTEMPT FOR DISRESPECTING THE CONCOURT RULING AND DEMEANING THE LEARNED JUDGES
Contempt of Court refers to actions which either defy a Court’s authority or ruling, cast disrespect on a Court, or impede the ability of the Court to perform its functions.
I am of the view that University of Zambia Lecturer Dr. Sishuwa Sishuwa should be cited for contempt because he did undermine the Constitutional Court’s authority when he called in on Hot fm’s Red Hot breakfast show on Monday the 14th of June 2021 between 07 and 09 hours to give his reactions to its ruling that President Edgar Lungu is eligible to contest the August 12 elections.
*Grounds for Contempt;*
1. Dr. Sishuwa Sishuwa said that he expected the Constitutional Court to give President Lungu a ‘’third term’’ and that he would have been shocked if this was not to be so based on how the Court has been consistent in reaching decisions tending to be more protective of the Executive’s interest than those of the ordinary Zambians and the Constitution.
2. He accused the Court of failing to profile a reasoned judgement that would have addressed their full argument as petitioners on merits.
3. He charged that the Dany Pule ruling was an unfair judgement which created a bad precedent because the material fact on which the judgement is premised on was false hence it should not have been used to defeat their petition
4. He called the Constitutional court interpretation BOGUS
5. He accused the Court of arguing the case in favour of President Edgar Lungu
6. He charged that the Court judgement uses astonishing language and further accused the court of unwittingly amending the Constitution and promote abrogation of the law
7. He accused the Constitutional of trying to be above the Republican Constitution
8. He accused the Court of lacking demonstrable commitment to protect the Constitution and the rule of law
9. He accused the Court judgment of not being clear, reasonable and logical for it to be used in future as a precedent
10. He accused the Court of becoming a clear and present danger to the Republican Constitution, Democracy and the rule of law in Zambia because it has done more damage to Zambia’s democracy than the conventional courts that safeguard Constitutional order before its founding.
Dr. Sishuwa Sishuwa should know that the Constitutional Court is a legally mandated body to interpret our laws and his legal opinions or interpretations of our laws are not authority. Therefore his wilful disobedience of the Court’s judgement and show of disrespect of the learned Judges is contemptuous.