FORMER PRESIDENT DISCONTINUES COURT CASE AGAINST NEWSPAPER EDITOR

Former Republican President Rupiah Banda has discontinued contempt proceedings against Post newspaper Editor-in-Chief Fred M’membe.

According to a notice of discontinuance filed in the Lusaka High Court by Mr Banda’s lawyer Sunday Nkonde of SBN Legal Practitioners dated September 29, 2011, the former President stated that he was discontinuing the case pursuant to Order 17 of the High Court Rules, Cap 27 of the Laws of Zambia.

The court proceedings were initiated against Mr M’membe in 2008.

On September 26, 2008 Mr Banda, who was acting President then, filed a writ of summons and statement of claim in the High Court to seek damages for defamation by The Post.

Through his lawyer Mr Christopher Mundia, Mr Banda applied for an ex parte order of interlocutory injunction to restrain The Post from publishing libellous words against him.

The ex parte order was granted on September 27, 2009, but the next day the newspaper published allegedly defamatory articles, which were
perceived to be a defiance and disregard of the injunction order the court granted earlier on.

Mr Mundia then filed summons for leave to commence contempt proceedings against Mr M’membe.

But on October 2, 2008 The Post, through its lawyers George Chisanga and Remmy Mainza, raised two preliminary issues.

The first preliminary issue was whether it was proper for Mr Mundia to swear to the affidavit on behalf of Mr Banda in such a highly contentious matter.

The second was whether the ex parte order for leave to commence contempt proceedings, granted to Mr Banda, must be vacated on grounds that such an order is provisional and is liable to be vacated on sufficient grounds.

In his ruling, Lusaka High Court Judge Charles Kajimanga who was presiding over the matter said he was satisfied that the affidavit in support of an ex parte application for leave to commence committal proceedings was properly deposed and he accordingly dismissed the preliminary issues.

This prompted Mr Mainza and Mr Chisanga to appeal to the Supreme Court where two judges heard the appeal.

In the judgement they said the Supreme Court clearly understood that Mr Mundia’s application for leave to commence contempt proceedings against M’membe was in compliance with procedure under Rule 2(1), (2) and (3) of the Supreme Court Rule.