THE Kitwe High Court has discharged a bench warrant issued against UPND leader Hakainde Hichilema.
And the main case in which acting Chief Justice Lombe Chibesakunda has applied for contempt of court against Mr Hichilema was yesterday adjourned to October 7 because her lawyer Charles Chanda was indisposed.
In court, Kitwe High Court Judge in Charge, Catherine Makungu decided that Hichilema had good reason for missing court session and accordingly discharged the warrant of arrest.
Mr Hichilema had argued that he was not personally served with contempt of summons but were served through publication in one of the daily newspapers which was not made available to him.
And Justice Makungu adjourned the case to October 7 after Richard Mandona of Permanent Chambers told the court that his colleague Charles Chanda was indisposed and that he fell sick on Monday.
This is a case in which Acting Chief Justice Lombe Chibesakunda had applied for contempt of court against the UPND leader
The UPND leader was quoted in the Daily Nation Newspaper of June 12 this year under the headline “PF Ministers courting UPND’ in which he allegedly made direct reference to Ms Justice Chibesakunda’s position and tenure of office as acting Chief Justice. This is in the case in which the Law Association of Zambia (LAZ) has sued the Attorney General and Ms Justice Chibesakunda over her re -appointment as Supreme Court Judge. When the matter came up for hearing of the alleged contempt of court, Mr Mandona from Permanent Chambers who were representing the Chief Justice, said his colleague, Mr Chanda was indisposed and that he fell ill yesterday (Monday) hoping that he would recover soon.
“I have no option, but to ask that the matter be adjourned to a later date,” Mr Mandona said.
In reply lawyers representing the UPND leader in the contempt case, sympathized with Mr Chanda , who was indisposed, but had a serious concern regarding the position of Mr Mandona finds himself in conflicts of being a potential witness as a matter was known from inception when the matter was brought from the courts.
In her ruling yesterday, Ms Justice Makungu said having heard the illness of the counsel; she had decided to adjourn the case to October 7. “Illness is not something somebody brings on himself or herself and so am adjourning the case October 7,” said Judge Makungu.