RAINBOW Party leader Wynter Kabimba and Post Newspaper proprietor Fred M’membe have been found with a case to answer in the matter in which former President Rupiah Banda sued the duo for criminal defamation and contempt of Court.
Lusaka Magistrates Court Kenneth Mulife yesterday established prima facie case against the duo and subsequently put them on their defence.
Kabimba and M’membe would now have to defend themselves of criminal libel and contempt of court in relation to a published article entitled ‘Lungu is framing
Nchito to cover Rupiah’s criminality – Kabimba’.
The article was published in The Post Newspaper edition of February 13, last year.
Mr Mulife said he was satisfied with the submissions which were filled in by both the state and the prosecution and that the prima facie case was established.
Former President Banda was being represented by among others Lusaka lawyers Sakwiba Sikota and Makebi Zulu.
The matter was adjourned to 14 and 15 December for Mr M’membe and Mr Kabimba to commence their defence.
In this case, Mr M’membe and Mr Kabimba criminally defamed former president Banda when they alleged that the former Head of State was working with President Edgar Lungu to persecute embattled and suspended Director of Public Prosecutions (DPP) Mutembo Nchito.
Former president Banda through his lawyers Makebi Zulu and Associates argued in the court that he had never been convicted by any criminal charges and was not involved in the prosecution of Mr Nchito.
Mr Banda complained that the words published in the Post Newspaper in their ordinary meaning imputed that he was a criminal and was covering up his criminality by allegedly teaming up with President Lungu to settle perceived political scores.