The Democratic Party’s lawyers Mwenye and Mwitwa Advocates have threatened contempt proceedings against the Ministry of Home Affairs for what it calls “issuing of misleading statement” or “interfering with operations” against their clients.
This is contained in a letter written to Attorney General Likando Kalaluka copied to DP national secretary Precious Ntambu in which the lawyers are asking the former to tell the Ministry of Home Affairs to desist from issuing statements that were “misleading” about operations of the opposition party that has .
In the letter, the lawyers have stated that they have every confidence that as Chief Legal Advisor to the government and leader of the Zambian bar, Kalaluka will prevail upon his client to desist from similar conduct in future.
Below are the full contents of the letter:
Precious Ntambu suing as National Secretary for the Democratic Party vs the Attorney General.
We refer to the above captioned matter.
In February 2, 2019, Mr Nephas Chifuta, Public Relations Officer at the Ministry of Home Affairs, issued a statement to the press and the public in general to the effect that the court of appeal had issued a stay of execution that had reinstated the Registrar of Societies’ decision to cancel the registration of our client, the DP, as your office is no doubt aware this position is false and calculated to deliberately mislead and is therefore contemptuous of the proceedings before the courts of law.
The correct position is that on September 6 last year, the High Court quashed the decision of the Registrar of Societies that deregistered the DP. Your client applied for a stay of the judgment and in its ruling of January 29 this year, the court refused to stay the decision that quashed the Registrars’ decision as a matter of fact that the court stated the following:
“Therefore, with regard the order of certiorari as rightly submitted by counsel for the Applicant, this order cannot be stayed as doing so would reverse the said order. On that basis, I decline to grant stay of execution as regards the order of certiorari.”
The decision of the Registrar that was quashed, remains quashed and there is nothing at law that prevents our client from continuing its normal day to day activities and operations. It is therefore misleading and contemptuous for your client to intimate that the order of the Registrar has been reinstated, thus therefore to demand your client to desist from issuing misleading statements or interfering with the operations of their clients in which failure to do so, the party will have no option but to commence contempt proceedings and seek other appropriate orders from the court.