By NATION REPORTER
JUSTICE Minister Mulambo Haimbe faces contempt of court charge as former Kabushi and Kwacha constituencies MPs, Joseph Malanji and Bowman Lusambo have instructed their lawyers to commence contempt proceedings over his comments on the Constitutional Court ruling.
The duo’s lawyer, Makebi Zulu stated that Mr. Haimbe purported to clarify, to correct a decision of the court and to willfully mislead institutions and the nation on a clear matter resolved by the Constitutional Court.
In a statement issued yesterday, Mr. Haimbe purported that the two candidates remain disqualified to participate in the by-elections and that the Constitutional Court made no such decisions.
But the lawyers argued that the minister had no such jurisdiction or mandate and if he had failed to understand the judgement or needed clarification, he may want to ask the Attorney General to make an appropriate application.
“We have instructions to commence contempt proceedings against the Minister of Justice as his statement is meant to undermine the authority of the court,” Mr Zulu said.
And lawyer Tutwa Ngulube said the justice minister did not understand the procedure because the ConCourt had made it clear.
He said the Justice Minister was attacking the judiciary and that they would not allow him and others to allegedly use an invisible hand in the matter.
Mr Ngulube said Mr Haimbe was misleading the head of state and even the Electoral Commission of Zambia (ECZ).
He also said they were not worried about the dates of the by-elections, “We are not worried about the dates because the courts are mindful about the elections and we are sure that they will guide us,” he said.
Meanwhile Mr Zulu stated that the minister’s action confirms fears that the ECZ was under his capture.
They stated that if Mr. Haimbe had contention with the judgement, he should instruct the Attorney General to commence an action in the courts of law, which was an appropriate forum for such matters.
The lawyers stated that Mr. Haimbe had engaged himself in interpreting the Constitution Court Judgement and the Republican Constitution, a matter that was outside his mandate or authority.
Mr Zulu said the Law association of Zambia (LAZ) pursuant to their statutory mandate guided to the effect that Mr Lusambo and Mr Malanji were eligible to stand following the Interpretation of the operative Article 72 in the case of LAZ V Attorney General.
He however said the Minister of Justice went on record disagreeing with the Judgment of the Court in LAZ V AG and the opinion of LAZ to the effect that LAZ took a narrow view when they rendered their opinion.
