Solicitor General Musa Mwenye has threatened to sue the Daily Nation newspapers for the story it published yesterday with the headline “Arrest Kabimba, Mwenye”.
In Thursday’s lead story of the Daily Nation, former UPND Siavonga Member of Parliament Douglas Syakalima said that Kabimba and Mwenye must be arrested and jailed for contempt, abuse of office and authority for conniving to subvert and undermine the independence of the judiciary by writing a letter on behalf of the PF to acting Chief Justice Lombe Chibesakunda outlining their legal opinion on nullification of Petauke Central, Malambo and Mulobezi constituencies respectively when the matter was still before the courts of law .
The Supreme Court exposed Kabimba to be behind the maneuver to block MMD candidates for Petauke Central Dora Siliya and UPND’s Malambo and Mulobezi constituency candidates.
Justice Marvin Mwanamwambwa who read the judgment on behalf of the other four judges said that it was unprocedural for Kabimba to have written a letter and copied it to the Acting Chief Justice Lombe Chibesakunda indicating his intention and directing his lawyers to engage the courts on the matter.
Justice Mwanamwambwa said that there was no reason why Kabimba could write letters to engage courts, an action which was unprocedural and was the cause for contemptuous statements from opposition leader Nevers Mumba.
“However, before we pass sentence, there is an issue we wish to deal with. It relates to the documents recently filed by the Appellant (Leonard Banda). On 31st March 2013, the Appellant filed a supplementary bundle of documents. The supplementary bundle shows that on 1st August 2013, the secretary general of the Patriotic Front wrote a letter to the Party’s advocates, over possible disqualification of persons involved in electoral corruption. Attached to that letter is a legal opinion by the Solicitor-General,” said Justice Mwanamwambwa.
According to a letter written by Mwenye’s law firm Musa Mwenye advocates dated 26th December, 2013, under the theme, “Defamatory article entitled “Arrest Kabimba, Mwenye,” Mwenye’s advocate Eddie Mwitwa demanded that the story be retracted within three days.