The Law Association (LAZ) of Zambia has filed a notice of motion in the Constitutional Court seeking the commitment of Kabwe Central Member of Parliament Tutwa Ngulube to prison for contempt of court.
This comes after Ngulube accused LAZ president Eddie Mwitwa of being used to fight political battles for the UPND in an audio recording which was widely circulated on social media and in newspapers.
Mwitwa on Thursday sued Ngulube in the Lusaka High Court and is claiming aggravated and exemplary damages for libel and slander.
According to a notice of motion for an order for committal for publication in contempt of proceedings before the Constitutional Court filed yesterday, LAZ stated that Ngulube published an audio recording on August 14, 2019, two days after LAZ through its lawyer Simeza Sangwa and Associates sued President Edgar Lungu, the Attorney General and the National Assembly of Zambia in the Constitutional Court over their alleged decision to amend the Constitution through Bill No. 10 of 2019.
LAZ in its petition filed on August 12, among other reliefs, are seeking an order of the court to quash President Lungu, the Attorney General and the National Assembly’s decision to amend the Constitution.
However, President Lungu, the Attorney General and the National Assembly have since asked the Constitutional Court to dismiss the petition with costs.
LAZ yesterday moved a notice of motion to commit Ngulube to prison in contempt of proceedings before the court and has demanded that the accused should pay costs of the action.
The association mentioned that Ngulube’s statement touch on the proceedings active or pending before the court concerning President Lungu, the Attorney General and the National Assembly.
It stated that Ngulube created a substantial risk that the course of justice in the proceedings would be and have been seriously impeded or prejudiced.
LAZ also stated that the audio recording was intended to impede or prejudice the administration of justice in connection with the said case.
The association further stated that the same recording has scandalised the court, LAZ, its president and LAZ advocates.
LAZ also seeks an order that Ngulube, himself, or his agents or servants or otherwise howsoever be restrained until after the judgment in this case or until further order from publishing or causing or permitting to be published on any electronic media platform or any media whatsoever any audio, speech or writing on any matter or issue the subject of the proceedings in the case.
It further demanded that the court should take notice that LAZ intends to read into evidence in support of the application the audio recording made and published by Ngulube and its affidavit in support which affidavit was served with the notice of motion.
And Mwitwa in his affidavit in support of the notice of motion stated that it was his respectful position that the publication of the statement by Ngulube created a substantial risk to the proceedings.
He said he has no doubt that it was Ngulube who made the audio recording.