Tue, 24 Jan 2017 12:53:24 +0000
By Nation Reporter
FRED M’membe, the owner of the Post Newspaper (now in liquidation) has launched a virulent propaganda campaign against High Court Judge Sunday Nkonde who is presiding over the liquidation of the Post Newspaper.
Mr M’membe has launched attacks against Judge Nkonde over a matter in which former Director of Public Prosecutions (DPP) Mutembo Nchito entered a nolle prosequi in favour of former Finance Bank owner Rajan Mahtani over the US$4 million loan to the Post Newspaper now in liquidation.
Finance bank was sold to a South African bank, First Rand but the sale was unilatrally reversed by former president Michael Sata who gave it back to Dr Mahtani.
But Lusaka lawyer Hobday Kabwa has charged that is outrageous, unorthodox and irregular for Mr M’membe to have elected to write a letter to High Court Judge in-charge demanding that Justice Sunday Nkonde who is presiding over the liquidation of the Post Newspaper should recuse himself.
Mr Kabwe said the act by Mr M’membe to write to High Court Judge in-charge was tantamount to asking the High Court to interfere in the manner Justice Nkonde was looking at the liquidation of the Post Newspapers.
But Mr Kabwe said Mr M’membe risked being cited for contempt by Justice Nkonde for irregularly writing a letter to the High Court demanding that the judge presiding over the liquidation of the Post Newspapers should step aside.
He explained that Mr M’membe should have made an application to the High Court to have Justice Nkonde recuse himself and that a mare letter to the court was unacceptable and a total disregard of the court etiquette.
“Writing a letter to the High Court Judge in-charge demanding that Justice Nkonde should not continue presiding over the liquidation of the Post Newspaper is not only unorthodox but irregular and outrageous. Mr M’membe is basically asking High Court Judge in-charge to interfere with Justice Nkonde in the manner he is looking at the liquidation of the Post. Mr M’membe as a matter of fact risks being cited for contempt for showing disrespect to the Court,” Mr Kabwe said.
Mr M’membe in his complaint letter to High Court Judge in-charge claimed that Judge Nkonde was not supposed to preside over the liquidation of the Post Newspaper.
He said Justice Nkonde had brought an action against the Post Newspaper on behalf of Finance Bank just before the 2011 general elections which action he said was related to the defunct Zambian Airways.
Mr M’membe claimed that Justice Nkonde’s action contained scandalous accusations against the Post Newspaper and according to the former Post Newspaper owner bore hallmarks of being politically motivated.
“What is worrying about Justice Nkonde’s conduct in that mater (US$4 million loan to the Post) is that we now have it on good authority when he commenced the action against Post Newspapers Limited, he was acting without instructions from Finance Bank. That action was calculated to destroy Post Newspapers Limited and lead to its liquidation as part of a political scheme to silence critical media.
“To this day, Judge Nkonde has failed to disclose who instructed him to sue Post Newspapers Limited on behalf of Finance Bank Zambia Limited. We challenge him to disclose who retained him in that matter,” Mr M’membe said.
