Kabimba taken to LAZ for discipline

FORMER Health deputy minister Solomon Musonda has petitioned Law Association of Zambia (LAZ) to take disciplinary actionagainst Lusaka lawyer Wynter Kabimba for allegedly violating the legal practitioners’ rules.

Dr Musonda has asked LAZ to investigate and punish Mr Kabimba for allegedly breaching the legal practitioners’ rules by writing to the Director of Public Prosecutions (DPP) on a matter that is before the courts of law and also for using expressions that erode confidence in the country’s justice system.

Dr Musonda, who is Chitambo member of Parliament, based his complaint on an article that appeared in The Post newspaper of June 22, 2010, which describes the charge against the former minister as a mockery of justice.

The letter dated June 22, 2010 and copied to his lawyer Sunday Nkonde of SBN Legal Practitioners, the president of LAZ and LAZ secretary, states that Mr Kabimba has breached rule number 32 of the legal practitioners practice rules, of 2002 under statutory number 51.

When contacted for a comment, Mr Kabimba said this was a court issue and not a LAZ one.

Mr Kabimba said he could not react to the matter fully because he had not seen the complaint letter written to LAZ.

“I was acting on behalf of my client and the matter is between me and the DPP,” he said.

The quoted rule states that “a practitioner shall not engage in conduct whether in pursuit of the profession or otherwise which is prejudicial to the administration of justice, likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute.”

He has charged that the letter to the DPP was allegedly in bad taste, bad faith and likely to diminish public confidence in the legal profession and the administration of justice.

Dr Musonda said as a lawyer, Mr Kabimba should not have used expressions such as ‘deliberate use of firearm against the victim by Dr Musonda,’ ‘circumstances of the case are so obvious and clear’ and ‘this is a mockery of justice.’

He said the letter was prejudicial to the administration of justice and likely to diminish public confidence in the administration of justice.

Dr Musonda said he suspected Mr Kabimba gave or caused his letter or a copy of the letter to be given to The Post newspaper.

Dr Musonda’s letter was handed to LAZ offices in Lusaka yesterday.

The letter authored by Mr Kabimba states that “as advocates for Mr Jackson Musaka, we would like to observe that the charge against the suspect in this matter is nothing but a ‘travesty’ of justice if you take into account the circumstances of the case and in particular the deliberate use of the firearm against the victim by Dr Musonda.”

He also said the suspect should have been charged with a more serious offence than the one he is now facing.

“In stating the above, we are not oblivious to the fact that under the Republican Constitution of our country you are not subject to any authority in the discharge of your duties as DPP,” Mr Kabimba states.

He also adds that “where the circumstances of the case are so obvious and clear and appropriate criminal provisions in our statute books provide for the offence in question like attempted murder in this case, it is mockery of justice to be seen to circumvent such provisions.”

Mr Kabimba urged the DPP to review and amend the charge in the interest of justice before the commencement of trial.

LAZ president Stephen Lungu said he had not yet seen the letter, but it would be dealt with appropriately.


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