HAIMBE FACES CONTEMPT PROCEEDINGS
Lusaka- 8th September 2022
Former Kabushi and Kwacha constituencies MPs, Hon. Joseph Malanji and Hon. Bowman Lusambo have instructed their lawyers to commence contempt proceedings against Minister of Justice, Mulambo Haimbe.
The lawyers have since issued a statement.
The lawyers, Makebi Zulu Advocates have stated that Mr. Haimbe has purported to clarify, to correct a decision of the court and to willfully mislead institutions and the nation on a clear matter resolved by the Constitutional Court.
They have stated that the Minister’s action confirms fears that the Electoral Commission of Zambia is under his capture.
They stated that the job of the Minister was to deal with policy matters.
They stated that if Mr. Haimbe had contention with the Judgement, he should instruct the Attorney General to commence an action in the courts of law, which is an appropriate forum for such matters.
The lawyers have since proposed to take a copy of the Judgement to Haimbe's office to help familiarize himself with it.
In his statement issued today, Mr. Haimbe has purported that the two candidates remain disqualified to participate in the by-elections and that the Constitutional Court made no such decisions.
The lawyers have stated that Mr. Haimbe has engaged himself in interpreting the Constitution Court Judgement and the Republican Constitution, a matter that's outside his mandate or authority.
On Wednesday, the Constitutional Court ruled that Malanji and Lusambo were eligible to stand as candidates in the by-elections as no court or authority disqualified them.
The court also restated its position as done in the Law Association of Zambia Vs the Attorney General(CCZ 51 of 2021)[2022]ZMCC7( delivered on 22nd March 2022) that a nullification of an election does not necessarily disqualify the candidates.
Below is the statement from Makebi Zulu Advocates;
Media statement on Minister of Justice’s press statement
Thursday, 8th September, 2022
We have instructions from our clients and wish to point out that We have seen the press statement by the Minister of Justice.
To put this statement in context we wish to highlight the chronological order of events which are as follows:
The Electoral commission of Zambia issued a statement in reference to our Candidates, Bowman Lusambo and Joseph Malanji that there nomination papers would not be accepted because they were disqualified to contest following the nullification of their election.
The Law association of Zambia pursuant to their statutory mandate guided to the effect that Hon Bowman Lusambo and Hon Joseph Malanji were eligible to stand following the Interpretation of the operative Article 72 in the case of LAZ V Attorney General.
The Minister of Justice went on record disagreeing with the Judgment of the Court in LAZ V AG and the opinion of LAZ to the effect that LAZ took a narrow view when they rendered their opinion.
The Electoral Commission of Zambia in line with the view of the Minister of Justice rejected the Nomination papers of Hon Bowman Lusambo and Hon Joseph Malanji.
A matter was commenced to challenge the decision of the Electoral Commission and the concourt reaffirmed the opinion of Laz and its earlier judgment to the effect that the decision of ECZ was misplaced and effectively, Hon Bowman Lusambo and Hon Joseph Malanji were eligible to stand.
The Minister of Justice in a press statement purported to clarify and/or correct the Judgement of the concourt. He has no such jurisdiction or mandate and if he has failed to understand the judgment or needs clarification, he may want to ask the attorney general to make an appropriate application, which in our view is unnecessary as the judgment is clear.
We have since sent a copy of the judgment to his office so he may adequately familiarize himself with it.
The actions of the Minister of Justice confirms our clients’ suspicion that the Electoral Commission of Zambia is under capture and there is an Invincible hand at play.
One wonders what the role of the Minister of Justice is in this matter. The Job of the Minister is to deal with policy matters. He is not the legal advisor to the Government.
That role or mandate of giving Legal Advice to the Government is conferred on the Attorney General by the constitution.
Our client takes the view that it is such statements that seem to confirm the position that the Electoral commission of Zambia is being tempered with.
We have instructions to commence contempt proceedings against the Minister of Justice as his statement is meant to undermine the authority of the Court.
Makebi Zulu Advocates
