Anywhere else in the world where moral authority counts for something our Minister of Justice Wynter Kabimba, our Solicitor General Musa Mwenye and our Acting Chief Justice Lombe Chibesakunda would have resigned on a point of principle.
But not in Zambia. We have no morality.
The truth is that the Supreme Court has saved this country from a major political cataclysm and upheaval engineered from the Ministry of Justice.
The courageous Judges on the Supreme Court bench have also salvaged the integrity of the Judiciary and restored a semblance of confidence by detecting and arresting a fraudulent abuse of power that would have caused an innocent man Nevers Mumba go to prison and in the process plunge Zambia’s largest opposition party into a leadership crisis.
It is difficult to imagine where we would be as a country, if Nevers Mumba had been sent to Prison. An innocent would have gone to prison while they slept peacefully and without the slightest remorse, compunction or guilt; It has happened before in this country; justice has been mocked. This time the scheme has failed, we hope this is the start of a new reawakening a renaissance of our justice system from the grip of manipulators.
As the wise say, he who the gods want to destroy the first make mad. It can only be by divine intervention that incriminating documents showing the hand of Wynter Kabimba, Musa Mwenye and the Acting Chief Justice Lombe Chibesakunda were exposed by the Supreme Court.
We are even outraged that the Solicitor General Musa Mwenye has the impertinence and temerity to threaten us with a legal suit for reporting the chicanery in which he was involved. What has transpired is a gross abuse of power.
Mr. Mwenye and his colleagues in Government should not underestimate the anger that is building up among Zambians over gross impunity.
Zambians of goodwill are determined to stand up to these machinations. Instead of intimidating us, Mr. Mwenye should ask his boss Wynter Kabimba, how the opinion rendered to the Minister in his official capacity found itself in a bundle of documents produced in the Supreme Court by Leonard Banda a Patriotic Front litigant.
Nobody expects the Solicitor General, a public officer, to render partisan legal opinions to proceedings in any court proceedings, in this case a litigant from the PF. This is corruption-abuse of authority.
That is why former Siavonga MP Douglas Siakalima feels that Mwenye, as a public officer was wrong to suggest in his advice at No. 2 stating “the lawyers for the petitioners consider making an application for the report to urgently ensue”
What business did Mwenye have to speak for the petitioners? And indeed arising from this recommendation as observed by the Supreme Court there was a sequence of events which were so outrageous and an affront to justice that the Supreme court had no choice but discharge Mumba.
Former Member of Parliament Siakalima exercised his constitutional right to express himself on a matter that had been decided by the Supreme Court when he called on Mwenye to resign because his position as Solicitor General was untenable for having participated in partisan scheme favoring the Patriotic Front.
Mr. Mwenye says Mr. Siakalima was being malicious. We beg to differ.
Mr. Siakalima was entitled to an opinion based on a judgment delivered in the Supreme Court where documentation was produced showing that a sequence of activities resulted from legal opinion offered by Mwenye and the court said as much.
The Supreme Court stated and we quote, “In our view it is not in order for an intending litigant or somebody on his behalf to send a letter and legal opinion related to intended litigation to a member of the court. Such a move gives a perception that the court is siding with the party to the dispute.”
The Supreme Court further cited the bundle of documents at pages 1-7 and 9 of the appellant’s bundle of documents as part of the offending documentation and concluded by saying these documents provided strong mitigation in favour of Pastor Mumba. “We say so because they relate to issues that the contemnor was complaining about when he made the contemptuous statement.”
It was on this basis that the Supreme Court gave Mumba an absolute discharge.
If Mwenye is aggrieved by the Supreme Court let him challenge it instead of threatening the media.