FORMER president Rupiah Banda has asked the Lusaka Magistrates Court to commence criminal proceedings against Rainbow Party president Wynter Kabimba, Post Newspapers and its owner Fred M’membe for defamation.
In a statement of complaint filed in the magistrate court criminal registry, Mr Banda submited that Mr Kabimba, Mr M’membe and the Post were advised to render an apology and retract their comments but they did not.
He said the trio neglected or refused to heed the advice and Mr Kabimba reiterated his position by stating that he will neither apologise to the former president nor retract his comments.
The former president sued Mr Kabimba as the first accused, Mr M’membe second accused and the Post Newspapers Limited as the third accused.
“I have been advised by my appointed advocates, Messers Makebi Zulu Advocates and believe to be true that the matters complained of are capable of prejudicing myself in the matters currently before court as the court are hearing matters which are of criminal nature against me wherein they are to determine whether or not I am a criminal,” he said.
Mr Banda said the article and the comments complained of contravene and defy the ruling of the court referred to.
He said the article and comments complained of are contemptuous and defamatory and are contravention of section 116 (d) and 191 of the Penal Code chapter 87 of the laws of Zambia.
“I have even further been advised by my appointed advocates that based on the foregoing I can commence proceedings pursuant to section 90 of the criminal Procedural Code cap 88 of the laws of Zambia,” he said.
Mr Banda said Mr Kabimba, Mr M’membe and the Post in their publication published an article entitled “Lungu’s Govt is framing Nchito to cover Rupiah’s Criminality-Kabimba” where he was labelled as a criminal.
And in affidavit in support of the complaint, Mr Banda said on April 13, 2013 he was charged and arrested for the offences of corrupt practices by public officer and concealing gratification contrary to the law. He said he has never been convicted of any crime by any court of competent jurisdiction within and outside Zambia despite being charged with the alleged corrupt practices.
The former president said the magistrates court found that he was presumed innocent until proven guilty by the courts of law and that proceedings must be reported accurately and fairly.