Lusaka court summons Mwanawasa for contempt
PRESIDENT Levy Mwanawasa has been summoned to appear before the Lusaka magistrate's court to explain why he should not be cited for contempt.
Magistrate Chinyama then ruled that the Attorney-General should be served with the summons to show cause why President Mwanawasa should not be cited for contempt
President Mwanawasa will appear on August 12, 2004 through the Attorney- General and Justice Minister, Mr George Kunda.
Principal Resident Magistrate Jones Chinyama said that he could not summon President Mwanawasa in person because he was a republican president and would hinge on Article 43.
Article 43 (2) states that a person holding the office of President or performing the functions of that office shall not be charged with any criminal offence or be amenable to the criminal jurisdiction of any court in respect of any act done or omitted to be done during his tenure of that office or, as the case may be, during his performance of the functions of that office.
This comes after former president Dr Frederick Chiluba, through his lawyers sought the court's intervention to cite President Mwanawasa for contempt for continued comments on his court case.
This is in a case in which Chiluba, former economist at the ministry of Finance Bede Mpande, former Finance Permanent Secretary Stella Chibanda and fugitives Attan Shansonga and Xavier Chungu are accused of theft of public funds.
Private prosecutor Mutembo Nchito's bid to respond to the defence's earlier contempt application was watered down by Mr John Sangwa for the defence.
Mr Sangwa said when an application for contempt of court is made, the person alleged to be contemptuous to court proceedings is supposed to exculpate himself.
He therefore submitted that Mr Nchito as a delegate of the Director of Public Prosecutions (DPP) was not competent enough to respond to the application.
Mr Sangwa said President Mwanawasa's conduct violated section 116 (d) of the Criminal Procedure Code (CPC).
Another Lawyer, Mr Nicholas Chanda said a person alleged to be contemptuous works to the disadvantage of both the prosecution and defence hence Mr Nchito was not the right person to defend President Mwanawasa.
It was submitted that President Mwanawasa should in person, or through the Attorney-General or his appointed counsel explain his fate.
Mr Chinyama then ruled that the Attorney-General should be served with the summons to show cause why President Mwanawasa should not be cited for contempt.
And on the same day, Mr Nchito told the court that an application will be made to proceed with the case without Shansonga and Chungu.
In objecting to the application, Mr Nchito said the defence in raising the issue pointed out that it had nothing to do with the proceedings.
He submitted that it was right if an issue raised had nothing to do with the proceedings to have been taken to other authorities.
Mr Nchito said the defence had earlier suggested that the prosecution should respond to the application but were now being seen as incompetent to do so.
By Zambia Daily Mail
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