Maravi

My contemptuous words were a response to Rupiah – Kavindele

My contemptuous words were a response to Rupiah – Kavindele
By Laura Hamusute
Wed 13 Jan. 2010, 04:01 CAT

FORMER vice-president Enoch Kavindele yesterday apologised for putting the Supreme Court into disrepute explaining that he uttered the contemptuous words in response to a statement by President Rupiah Banda in his address to Zamtel employees in Ndola.

This is in a matter before the Supreme Court where Kavindele is facing a charge of contempt of court in relation to a case involving Communications Authority of Zambia (CAZ) now Zambia Information and Communication Technology Authority (ZICTA) and Vodacom Zambia.

On December 8, 2009, the court summoned Kavindele pursuant to Order 52/1/23 of the Rules of the Supreme Court to show cause why he should not be cited or punished for contempt. The court instituted contempt proceedings against Kavindele following a story published in The Post of November 5, 2009 written by George Chellah under the headline 'Adhere to tender laws, Kavindele urges Rupiah's sons'

In the article, Kavindele is reported to have said: “I'm particularly upset that the President himself could direct the Supreme Court to rule against me over Vodacom”.

The court had also summoned Chellah to give evidence in the matter and also produce in court the edition of The Post in question.

In the Vodacom matter, the Supreme Court quashed a High Court judgment that ruled that Vodacom Zambia held the fourth national cellular mobile licence for Zambia.
Earlier in the High Court, Vodacom Zambia Ltd - where Kavindele is director - sued CAZ seeking an injunction restraining them from issuing the fourth national cellular mobile licence to any party other than Vodacom.

Yesterday, Kavindele's lawyer Vincent Malambo told the court that his client did not wish to put the court to the trouble of proving the accuracy of the quotation referred to and that because he had conceded to uttering the words in question, there would be no need to call witnesses to prove the accuracy of the article. Malambo said Kavindele did not wish to waste the court's time and that he was ready to show contrition so as to purge the contempt charge.

At this point, the court asked Malambo if what he said meant that his client was pleading guilty to the charge and he responded in the affirmative.

The court then found Kavindele liable for contempt of court and was now given an opportunity to say something as a way of purging the contempt.

In his plea to purge the contempt charge, Kavindele expressed regret at what he said saying he made the statement following a statement by President Banda when he addressed Zamtel employees at a meeting in Ndola.

The story was published in the Times of Zambia of Saturday, July 25, 2009 headlined: 'Zamtel to be privatised' where President Banda is reported to have said: “I have directed that no mobile licences should be issued until after the privatisation of Zamtel.”

Kavindele testified that President Banda was fully aware that the matter of Vodacom Zambia Ltd and CAZ was before the Supreme Court and in his little experience in government, Presidential instructions came in various ways. He explained that the fact that the matter was still being prosecuted before the court, such a statement in his opinion was meant to prejudice the aforementioned case to those who were going to make the decision.

Kavindele told the court that based on that article, he was interviewed by The Post to establish his feelings as chairman of Vodacom Zambia Ltd and he made the statement in dispute in The Post of November 5, 2009. He said he might have made the statement out of anger and disappointment.

Kavindele said he was sorry if by misinterpreting the statement by President Banda in Ndola, he brought the standing of the eminent court into disrepute in the eyes of the members of the public. He hoped that the court would consider the background to the statement he made.

Kavindele reiterated his apologies to the bench and regretted any embarrassment that his statement may have caused them. He said he had regarded himself as a good citizen and he spent a quarter of his life making laws thus supported the judicial process.

Kavindele testified that apart from being a businessman, he was also a politician and in the profession it was easy to read into what another politician says whether correctly or incorrectly.

In mitigation on behalf of his client, Malambo asked the court to consider the background of the statement his client made and that he had not wasted the court's time.

He told the court that his client's statement was ill-advised and his plea clearly showed that his anger was not directed at the court but at his political colleagues.
Malambo said Kavindele did not intend to embarrass, demean or lower the status of the court.

The matter comes up on February 3, 2010 for ruling.

Labels: CAZ, COURTS, ENOCH KAVINDELE, RUPIAH BANDA, VINCENT MALAMBO, VODACOM, ZICTA

posted by MrK @ 6:47 AM