Fri, 01 Feb 2013 13:29:25 +0000
What is happening at Zambezi Portland Cement (ZPC) where police are preventing the service of legally executed court orders is pure anarchy and human rights activist Brenber Changala has charged that this was due to the fact that Finsbury Investments has political connections in the PF administration.
That is why it was possible for Andrew Kamanga whose illegal appointment revoked by the High Court could continue to operate protected by Zambia Police.
Changala said that Home Affairs Minister Edgar Lungu is a full participant in the anarchy because indications are that he is a beneficiary after deporting the owners of the company, Antonio and Manuela Ventriglia.
He wondered why state policemen were guarding a private property and demanded to know who was paying allowances for the policemen.
“What is the interest and benefit for the people of Zambia other than that of Rajan Mahtani and Finsbury Investment? Lungu’s days are numbered” he said.
He said Lungu must issue a full statement on his connections with Finsbury Investment and Mahtani adding that “Lungu was a custodian of the police and internal security of the country and his assignment was to protect the nation and not Finsbury Investment.”
Last month Lusaka High Court Judge Flavia Chishimba rejected an application by Dr Rajan Mahtani of Finsbury Investment to appoint a receiver in order to protect his interest as a guarantor of the loan that Zambezi Portland Cement (ZPC) obtained from the PTA bank.
But Justice Chishimba said granting the application would be endorsing and legitimising a disputed position.
Last Friday the Lusaka High Court issued a writ of Possession allowing Antonio and Manuela Ventrglia to take possession and protect Zambezi Portland Cement (ZPC) while court proceeding were going on but police could not allow the service of the writ.
Changala accused LAZ of being docile when the judiciary was under heavy attack by anarchists who he said have no regard for the rule of law adding that the police command should not take over duties of private security companies like Armcor to guard private properties.
“I am worried that Inspector general Stella Libongani wants to turn the entire state police into a home guard or private security firm” he said.
And a former Clerk of Court, Syachoke Simemeza, says the Law Association of Zambia (LAZ) should not drag its feet but take disciplinary action against Lawyers who disobey court orders adding that such actions amounted to Contempt of Court.
Mr Syachoke Simemeza who was Clerk of Court in Mwinilunga and is a certified bailiff said LAZ should not wait for people to complain about lawyers disregarding Court orders but act swiftly to defend the rule of law.
He said lawyers knew the gravity of obstructing a court order and should lead the way and avoid setting bad precedents by fighting with court officials who are merely carrying out their duties.
Mr Simemeza also said that the Judiciary should resign because their services have been rendered useless by the executive adding that Zambians should not expect miracles from the bench because the system has been weakened by government.
“It is embarrassing that some Judges were sitting and presiding over cases that have been rendered useless by lawyers who were disobeying court orders.” He said.
He said the people of Zambia now know that the poor and those who do not play allegiance to the ruling PF will not receive justice as portrayed in the ZPC case.
