LAZ bid to join Post case ‘contemptuous’

Fri, 07 Apr 2017 11:33:15 +0000

By CHIKUMBI KATEBE

THE Law Association of Zambia’s decision to join the Post Newspaper (in liquidation) case as amicus curiae (friend of the court) is meant to undermine the dispensation of justice and is therefore contemptuous, one of the petitioners in the winding up process, Abel Mbozi, has told the court.

This is contained in an affidavit in opposition to the LAZ application to join the winding up proceedings of the Post Newspaper in liquidation as ‘‘friend of the court’’ pursuant to Order 14A and Order 33 Rule 3 of the White Book 1999 edition.

Mr Mbozi said LAZ was neither a creditor, debtor nor member or shareholder of the company in liquidation and therefore had no interest in the winding-up proceedings.

He explained that LAZ has failed to demonstrate its entitlement or interest in the subject matter of the proceedings in the winding up of the Post Newspaper Limited (in liquidation).

“That the affidavit sworn by one Fred M’membe which the LAZ seeks to rely on for its joinder application is a subject of dispute by the petitioners on grounds of authentication of the aforesaid affidavit.

“(That further to paragraph 13 herein) the Linda Kasonde affidavit aforesaid is thus contemptuous and meant to demean and undermine the dispensation of justice herein and LAZ should therefore have applied to join as a subjective party rather than pretend to join as amicus curiae,” he said.

He submitted that LAZ had ‘‘skilfully remained quiet’’ and not condemned blatant attacks on High Court judge Sunday Nkonde (in charge of the Post in liquidation case) that he should recuse himself from the winding up proceedings by the Mast Newspaper, a publication owned by Mutinta Mazoka M’membe, the wife to Mr M’membe, and yet they wish to be “friends of the court” when they should be defending the court.

Mr Mbozi said for LAZ to join the proceedings as amicus curiae was to embarrass the court and derail the proceedings as its objective was to protect, support and defend Mr M’membe at the expense of the petitioners and the court’s provisional liquidator, Lewis Mosho.

He also questioned the said special council meeting convened to investigate and act in the interest of justice, when LAZ had failed to produce minutes of the meeting which should have already been circulated to members by now.