By CHARLES MUSONDA
MUVI TV founder and National Restoration Party President Steve Nyirenda has been convicted of contempt of court for disobeying a court order relating to a land dispute with Lake Kariba Inns Limited in Siavonga.
Lusaka High Court Judge Edward Musona convicted Nyirenda after being satisfied that the area where he erected buildings is truly part of the disputed land where the court ordered both parties to halt their developments.
Mr. Justice Musona was further satisfied beyond all reasonable doubt that Nyirenda willfully committed the contempt and therefore found him guilty as charged and convicted him accordingly.
In his sentence, the judge gave Nyirenda a conditional discharge that he shall never again, within a period of 12 months from December 14, 2021, commit contempt connected to the main case or in way violate the court’s judgment from which the contempt proceedings emanated.
“If the convict repeats or does this within the aforesaid period of 12 months effective today, then the convict shall be brought back and be sentenced on this case on which he has been given a conditional discharge, and, he may then not escape a custodial sentence.
“I hope this message is clear and that the convict shall come to his senses to behave himself well, respect the law and respect the courts and their officials,” Mr. Justice Musona said.
On July 16, 2009 Lake Kariba Inns Limited filed the main case claiming rightful ownership of property number 412 in Siavonga and that Nyirenda had trespassed on the property resulting in the extensive demolition of the plaintiff’s boundary fence at the instance of Nyirenda.
According to Mr. Justice Musona, what followed after the matter was filed was a period of long delay, perhaps, too difficult to justify.
He acknowledged the matter on August 16, 2018 under the auspices of the task force on backlog and delivered his judgment on December 4, 2019.
In his judgment, Mr. Justice Musona ordered that the whole affected area be re-planned based on the survey which was the subject of the survey report on Nyirenda’s bundles of documents filed on September 22, 2016.
He also ordered that thereafter all property owners shall take ownership of the stands as shall be re-planned and that until the affected land is re-planned, both Lake Kariba Inns Limited and Nyirenda shall halt any further development on the disputed stands.
After the judgment, Lake Kariba Inns Limited applied for leave to commence contempt proceedings against Nyirenda on grounds that he had ignored the court order by carrying out further developments.
