HICHILEMA

THE Kitwe High Court has issued a bench warrant against United Party for National Development (UPND) president Hakainde Hichilema for absconding from court proceedings.
High Court Judge-in-Charge, Catherine Makungu, issued the bench warrant after Mr Hichilema failed to appear before her for the second time.
This is in the case in which acting Chief Justice Lombe Chibesakunda has applied to commit Mr Hichilema to prison for allegedly commenting on an issue that was still active in court when he was quoted as having referred to her position as acting Chief Justice.
The UPND leader was quoted in the Daily Nation newspaper of June 12, this year, under the headline ‘PF ministers courting UPND’ in which he allegedly made direct reference to Ms Justice Chibesakunda’s position and tenure of office as acting Chief Justice.
Mr Hichilema was included as an alleged contemnor in the case in which the Law Association of Zambia (LAZ) has sued the Attorney General and Ms Justice Chibesakunda over her re-appointment as Supreme Court Judge.
The matter was earlier scheduled for hearing on July 9 this year, but was adjourned to August 18 after the court was informed that summons had not been served on Mr Hichilema because he was not found at the given address.
In her ruling yesterday, Ms Justice Makungu said the application before her was to commit the alleged contemnor to prison for contempt and noted that Mr Hichilema was absent.
She said she was convinced that Mr Hichilema was aware of the proceedings and did not see how his lawyers would attend court without their client’s instructions but with copies of the application.
“I have no intention of embarrassing Mr Hichilema, he should have just appeared before me instead of risking being embarrassed if a bench warrant is issued against him and he gets arrested by the Police.
“However, in the interest of justice, I hereby order that a bench warrant returnable on August 26 be issued against him immediately,” the judge ordered.
Ms Justice Makungu said she had given Mr Hichilema a chance to be heard and would, therefore, not allow him to continue delaying proceedings by deliberately not accompanying his advocates to court.
She said that it was a lame excuse by Mr Hichilema’s advocates that he had not personally received the application and further warned that she would not condone the way counsel for the alleged contemnor was handling the matter.
Ms Justice Makungu urged Mr Hichilema’s counsel to advise his client properly.