Tue, 21 Mar 2017 12:47:45 +0000
By CHARLES MUSONDA
LUSAKA Magistrate Felix Kaoma has ordered that former deputy minister of Agriculture Luxon Kazabu be reported to the police for alleged contempt of court.
When the matter came up yesterday for ruling on whether Mr. Kazabu had committed contempt of court, Mr Kaoma said he had extensively considered the law creating contempt of court and had considered section 116 (2) of the Penal Code as read with sections 40 and 41 of the Subordinate Court Act.
“Even if I was to proceed with the offence summarily, the penalties provided for cannot commensurate with the degree of the offence. I find it undesirable to proceed by way of summary trial,
“ I therefore order that the alleged contemnor be reported to the police so that the matter can be tried by the DPP because the penalties provided for do not make sense,” Mr. Kaoma said and later discharged Mr. Kazabu said.
Mr. Kazabu was last Friday detained for allegedly threatening to kill a State witness in court in a matter where UPND lawyer Martha Mushipe is charged for seditious practices.
According to the witness Emmanuel Chilekwa, Mr. Kazabu allegedly threatened that he would be killed if he testified because there were so many ways of ‘sorting’ him out.
In an interview, Mr. Kazabu said he could not say much at this stage and was not bitter with Mr. Chilekwa for making grave allegations against him.
“My case can be equated to that of Jesus Christ who, when he was crucified, said ‘father forgive them for they know not what they are doing. Similarly I bear no bitterness against my accuser because vengeance is not mine, vengeance is for the Lord. So I can only pray for him,” Mr. Kazabu said.
And defence lawyer Keith Mweemba said Mr. Kaoma’s ruling meant that the alleged contempt was not the type he could handle summarily because of the nature of the penalties which he had looked at.
“This is the case that has to be dealt with by way of normal prosecution. In this case if the complainant is still aggrieved and feels that he was threatened, he should report to the police or DPP’s office so that the matter is investigated normally, an arrest is effected and then it goes to court in the normal fashion,” he said.
