By DELPHINE ZULU –
THE Lusaka Magistrates’ court has dismissed an application by Rainbow Party leader, Wynter Kabimba, and Post Newspapers Editor-in-Chief, Fred M’membe, to have their contempt case referred to the High Court for Constitutional matters.
In his ruling yesterday, Principal Magistrate Kenneth Mulife refused to refer the matter to the High Court for Constitutional matters on grounds that it was frivolous and vexatious, ordering that the matter proceed with cross examination.
Mr Mulife also threw out the alleged contemnor’s application to be given ample time to obtain fresh instructions from their clients in view of  Newton Ng’uni’s testimony, which needed to be perused and studied before proceeding with cross examination.
“Specific reference to be browsed by the defence were not made, this is highly unfair on the part of the court as it is expecting too much from the court, this conduct renders the application frivolous and vexatious, in the circumstances, I dismiss the application,” Mr Mulife said.
Former Republican president Rupiah Banda had dragged Mr Kabimba, Mr M’membe and Post Newspapers Limited to Court for contempt for causing publication of an article in which it was alleged that, Mr Ng’uni was being used by the State to frame Mr Nchito’s conduct.
Mr Mulife also advised lawyers in the matter to stop being confrontational and going off their boundaries but assist the court with evidence for fair justice.
In cross examination, Mr Ng’uni told the court that he instituted investigations into suspended DPP’s conduct because his activities
were criminal.
Mr Nchima Nchito had asked the witness why he conducted private investigations on the suspended DPP.
“I came to court because I considered his activities to be criminal on whether he is or not criminal, it is for the court to determine that is my opinion as I am entitled to,” he said.
He told the court that he discovered that Mr Nchito and a public analyst connived to plant ecstasy drugs on Mr Brebner Changala and yet he was found with Vermox hence the reason why he (Mr Nchito) rushed into entering a nolle prosequi in the matter without going through the evidence.
When asked why he did not report the public analyst, he said he was in the process and would further also report others in the Development Bank of Zambia (DBZ) case.
He said the article was reported in most media houses but the Post’s story was different from others with comments from members of public.
Mr Mulife has warned interested parties offering solidarity to ensure that there was order in court failure to which he would be forced to stop them from standing in court once the court was filled up.
The magistrate made the ruling after one of the sympathisers shouted “Landa iwee” meaning talk when Mr Ng’uni was testifying, thereby disturbing the proceedings.
The matter has since been adjourned to June 25 and 30 this year for continued trial.