Maravi

Sinyangwe’s lawyers describe commital proceedings as unlawful

Sinyangwe’s lawyers describe commital proceedings as unlawful
Written by Mwala Kalaluka
Thursday, April 16, 2009 2:40:18 PM

MATERO PF member of parliament Faustina Sinyangwe’s lawyers yesterday described the manner in which the opposition party commenced committal proceedings against their client before the High Court as unlawful. This in a matter where PF acting general secretary, Dr Chileshe Mulenga, filed a supplementary affidavit in support for leave to commence committal proceedings against Sinyangwe.

The Lusaka High Court last month granted an order of interlocutory injunction against Sinyangwe, which Dr Chileshe claims she had continued to disobey with impunity.

When the matter came up before High Court judge Florence Lengalenga, Sinyangwe’s lawyer Mutakela Lisimba indicated that he had an application to make.

“Before we proceed to the main contempt matter, we have some preliminary issues to raise,” Lisimba said. “The rules of committal proceedings are clear and must be adhered to. We have had sight of the Supreme Court Practices 1999 edition and this is order 52 rule, three.”

Lisimba said there were certain tenets of committal proceedings, which must be present to validate or make a contempt order lawful.

“There must be a statement of fact or statement verifying facts, which must be served on the alleged contemnor and the order must be personally served,” Lisimba submitted. “The only exception to personal service is where the alleged contemnor is evading service. In our instant case, my lady, we have not had sight of statement verifying facts, which ought to be supported by an affidavit and neither has the contemnor. There has been no fullest notice made by the applicant notifying the contemnor that the committal proceedings were going to be commenced.”

He explained that such notification was necessary, as it would give an opportunity to inspect the originals of that which Sinyangwe was alleged to have committed.

“The manner in which these proceedings have been brought by the applicant causes great injustice to the alleged contemnor,” said Lisimba. “Since no personal service has been effected, both of the notice of motion or affidavit, these proceedings are not lawful for want of procedure. I seek your indulgence on the matter.”

But PF lawyer Bonaventure Mutale said Sinyangwe’s lawyers have had more than ample time to prepare whatever notice they would have wanted to prosecute.

However, judge Lengalenga asked Mutale to address the issues raised by Lisimba on the procedure.

Mutale said there was no reason for taking the defendants by surprise and that it would have been better if the PF lawyers were notified of Lisimba’s application to prepare themselves.

“The rule of procedure requires that we can give a minimum notice of at least 48 hours,” Mutale said. “I have unfortunately not been able to study volume one of the rules of the Supreme Court 1999 edition in relation to the point that my brother has raised.”

Mutale then applied for a short adjournment and the court moved the matter to 14.30 hours today for continued hearing of the preliminary matters.

Labels: COURTS, FAUSTINA SINGYANGWE, PF

posted by MrK @ 1:41 PM