CITIZENS Economic Empowerment Commission (CEEC) chief executive officer Likando Mukumbuta and his acting director for credit and risk control management Nchimunya Monde face imprisonment for contempt of court after they allegedly disobeyed the Lusaka High Court judgment.
This is in a matter in which Emmams Motel Limited has asked the Lusaka High Court to commence contempt proceedings against CEEC, Mr. Likando and Mr. Monde for allegedly not respecting the High Court judgment which set aside the consent judgment entered between the motel and the commission in October 2012.
According to the judgment in default delivered by High Court judge Dominic Sichinga on 21st October 2013, it did set aside the consent judgement signed between Emmams Motel and CEEC.
It further ordered that Emmams Motel in the alternative sell the motel building together with all unused building materials at the current market value out of which the CEEC would be paid its outstanding balance.
Now Emmams Motel through its lawyers Makebi Zulu Advocates wants Mr Mukumbuta and Mr. Monde to go to prison for failing to respect the court order which was delivered in 2013.
According to the statement in support of the application for leave to issue committal proceedings for contempt of court, Emmams Motel wants Mr. Mukumbuta and Mr Monde be committed to prison for contempt of court for deliberately, intentionally and willfully disobeying and failing to comply with the order of the court. According to the affidavit in support of ex-parte summons for leave to issue committal proceedings for contempt of court filed in the Lusaka High Court at the registry on 7th August 2015, Emmams has stated that CEEC was served with the court judgment in November 2013 but elected to ignore the said court judgment.
But Mr. Mukumbuta and Mr. Monde are alleged to have proceeded on various dates to place advertisements in newspapers for the sale of Emmams motel.
“CEEC was served with the court judgment on 12th November 2013 but has since elected to ignore the said court judgment and through Mr. Mukumbuta and Monde they proceeded on various dates to place advertisements in three different newspapers for the sale of the applicants (Emmams) motel building. The respondents (CEEC, Mr. Mukumbuta and Monde) without any lawful authority took it upon themselves to defy this honourable court’s judgment of 30th October, 2013 even after the applicant, through its then lawyers, KBF and Partners, requested CEEC to hand over the keys of the premises to enable the applicant to effectively execute this honourable court’s judgment, whose request was ignored by CEEC,” stated the affidavit.
The affidavits also stated that the action by CEEC, Mr. Mukumbuta and Mr Monde was deliberate, intentional and further willful acts of disobedience of the High Court judgment and that it was aimed at frustrating and or prejudicing the due administration of justice as well as to undermine the respect and authority of the courts.
“That it is on the above premises the applicant is now applying to this court to grant it leave to commence committal proceedings against CEEC, Mr. Mukumbuta and Mr Monde for disobeying the court judgment.