HIGH Court judge Sunday Nkonde has summoned Lusaka lawyer John Sangwa to appear before him to answer to a charge of contempt of court.
Sangwa has been charged with one count of Contempt of Court contrary to order 5 2/1/21 of the Supreme Court Rules (1999) and under the inherent jurisdiction of the Court.
According to the summons, Sangwa accused judge Nkonde of bias and want of integrity in a matter involving Finsbury and the Ventriglias.
In hi application to the Appeals Court, Sangwa stated that Judge Sunday Nkonde feigned sickness and later a traffic accident, to keep away from the Chambers and delay Sangwa’s application for a stay of judgement.
According to the summons drawn on June 1, 2018, Sangwa was commanded to appear before judge Nkonde at 10: 30 hours on June 11.
“Whereas your attendance is necessary to answer to a charge of contempt of Court; you are hereby commanded in the name of the President, to appear in person before Honourable Mr Justice Sunday Bwalya Nkonde (SC) at 10: 30 hours on the 11th day of June 2018, and on every adjournment of the court until the matter is disposed of to show cause why you should not be cited and committed or punished for contempt of court,” reads the summons.
Particulars of the offence are that: “You John Sangwa SC on the 22nd day of May 2018, in the Lusaka District of the Republic of Zambia deponed or said in an affidavit in support of the application for an injunction pending appeal, in cause 2018/CAZ/8/126 in the matter between Finsbury Investments Limited and Antonio Ventriglia, Manuela Ventriglia in paragraph 23 as follows: ‘I have no doubt in my mind that the judge’s absence from his chambers on Monday 21st May 2018 was deliberate and was intended to frustration to stay his judgment pending appeal and undermine the appeal which is before his Court. My intention is further strengthened by the fact that the judge decided to schedule this application for inter-partes hearing on Thursday 24th May 2018 at 10: 30 hours’, thereby accusing the judge (the court) of bias and want of integrity.”
Now, how can this man Nkonde be the judge in his own case?
After running away from his chambers and home just to avoid signing the application for a stay and appeal, but has been exposed, he now wants to punish the lawyer who got all this information from Nkondes own clerks and marshals.
Apart from the fact that lawyers are immune for whatever they say in court, contempt of court is a criminal matter, so Nkonde should report the matter to Police, file should go to DPP to determine if contempt was committed.