Mon, 30 Jan 2017 12:22:05 +0000
Fred M’membe what happens next?
Dear Editor,
There is, it would appear, nothing quite like a High Court Judge-in-Charge to capture the attention of a controversy obsessed public.
Indeed few months on from the start of the liquidation of the Post Newspaper the media spotlight on this case has never been as intense.
Yet it is not the contempt of court proceedings against Fred M’membe as former managing director of the Post Newspaper in liquidation for undermining the authority of the court by refusing to handover a catalogue of assets of the company when requested that have captured the public’s imagination in recent days.
But rather the complaint of gross misconduct that’s been lodged against Lusaka High Court Judge-in-Charge Mwiinde Siavwapa for allegedly giving legal advice to Fred M’membe, the owner of the Post Newspaper (in liquidation), from the bench in a matter that is before another judge in the same jurisdiction (“Judge, M’membe exposed”, Daily Nation, January 28, 2017).
As a consequence, whatever respect the public had for the enforcers of the law has certainly been diminished by the ongoing controversy that continues to stain the reputation of judges and puts into serious doubt the ability of the country’s Judicial Complaints Commission to effectively police the conduct of those sworn to uphold justice.
So compelling were the recent exposures of parked trucks belonging to the Post Newspaper (in liquidation) at local and foreign hide-outs that the liquidator has been attempting to gather evidence to link Fred M’membe to the concealing of the Post Newspaper’s moveable assets.
So while these media-grabbing controversies may have done little to advance the liquidator’s case, it would appear that, like it or not, there is nothing like a bit of flash to get the nation to sit up and take notice of serious issues like Fred M’membe’s case of contempt of court. However, there is no question that the way and manner in which this matter would be handled by the country’s Judicial Complaints Commission would do tremendous damage to the judiciary’s reputation or not. But for Fred M’membe what happens next?
Mubanga Luchembe
LUSAKA
………………………………………………………………………………………………………………………………………………………………………..
Fred M’membe and Judge Siavwapa
Dear Editor
There is no doubt that Fred M’membe does not want Judge Sunday Nkonde to preside over his empire liquidation, hence the varuous rumours of allegations against the judge which are supposed to disqualify him.
Sadly M’membe has forgotten that in his time in power together with Mutembo Nchito and Mark Chona, they had favoured judges and Magistrates to prosecute cases against their perceived enemies.
There was a Memorandum of Understanding (MOU) between the Task Force of Corruption, Donors and Government to ensure that the so called “plunder” cases were given to particular presiding officers to ensure favourable outcomes.
Why did he write to Judge Siavwapa to complain about Judge Nkonde? It is common knowledge that a complaint against a Judicial officer should be directed to the Judicial Complaints Authority.
Clearly the intention was not to raise a complaint but to scandalise the judge by releasing the letter to the media and the public in general.
More invidiously however the intention was to draw Judge Siavwapa who as the country already knows gave a favourable ruling to the Post newspaper against the Zambia Revenue Authority.
In a decision that was overturned by the Supreme Court Judge Siavwapa inexplicable stopped the ZRA from effecting its statutory authority against the defaulting newspaper.
Quite rightly the Supreme Court overruled him because the law must reign supreme rather than individual whims.
So Fred must accept that the law must have its full course. No amount of propaganda will change the state of being. He should have kept his books in order if the lawmen were to be kept away.
Bad mouthing Judge Nkonde by the likes of Hakainde Hichilema, and the other political clowns such as sketchily Sachika will not serve any useful purpose.
Sit back and enjoy the ride.
Nathan Kumwenda
………………………………………………………………………………………………………………………………………………………………………..
Suresh Desai, please give us a break!
Dear Editor
God forbid! Suresh Desai has joined the band wagon of hoodwinkers with all intent to mislead the nation over President Lungu’s 2021 bid.
For the likes of Suresh please be informed that the matter is already before our competent Constitutional Court which will make its final ruling although our new Constitution is quite clear over this matter.
But because for the sheer presence of our lifeless opposition which always wants to debate equally dead issues instead of providing checks and balances to the government, it is there democracy to make noise, I suppose.
The heartbreak of it all is that people who talk about third term bid are those who have been to school but appear not have read what the Constitution says about terms of office for presidents in case the incumbent dies or incapacitated one way or another.
Instead they opt to playing to the gallery and make suckers of themselves. My appeal top them is that they should take time to read, read, and read before opening their mouths.
President Lungu, according to our current constitution is eligible to stand in 2021 (of course this has scared the brains out of our opposition leaders) because they know that there is no way the can beat Lungu in their present mangled form.
I now fully agree with other Zambians who have suggested that our opposition is full of knotty people who are totally toxic, flaccid, hostile, mean or cruel.
Because how else do you describe people who want to deliberately to sow overt falsehoods in the nation?
What of kind of leaders are in opposition who are always negative or difficult, people who seem chronically critical, pugnacious, indignant, livid, or just plain discourteous?
But whatever chic of their politics, they will fail because the truth will always overcome any form of injustices and lies.
So the outbursts from Suresh are not eccentric to some of us.
He is a plain frustrated and finished politician who is not going anywhere and the best he can do is become an arm chair critic likes his fellow minions.
It is just a matter of time. The truth will sink in their thick skulls and they will laugh no more.
By the way this is not even time to begin distressing about 2021, it’s time for work and that is what President Lungu is precisely doing.
But of course I am mindful that currently there is no single opposition political party which is an alternative to PF.
Die-hard PF supporter
