Former Solwezi Central MP, and one of the Petitioners in the Wynter Kabimba petition has demolished Wynter Kabimba’s defense team comprising six lawyers among them two State Counsels by proving that Kabimba obtained pecuniary advantage when he used his position as Justice Minister to obtain advise from a government employee Solicitor General Musa Mwenye who is paid by tax payers, information that was later used by his party cadres.
Mulusa articulately answered questions and used each question to turn into an exercise of exposure of the PF’s legal team’s limited legal knowledge thereby pushing Kabimba into deep waters. Mulusa brooked no nonsense and warned defence lawyer Dr. John Mulwila not to mispronounce his name again. This was after being reminded that he was “Mulusa” and not “Kalusa” to which Dr Mulwila foolishly retorted, “I do not know how to pronounce such names.”
Another defense lawyer, Rabson Malipenga, who recently benefitted from the illegal transfer of K27 million terminal benefits payment agency from a reputable Lusaka based law firm without the consent of the retirees completely destroyed Kabimba’s defense. Thereafter the bench granted an unsolicited five minutes break for the Kabimba team to reassemble their defense strategy. After five minutes, the Kabimba team conceded as none of the remaining three lawyers including Bonaventure Mutale were willing to face Mulusa who was re-examined by his lawyer to mainly establish two points, namely that, Musa Mwenye rendered a legal opinion in his capacity as Solicitor-General to Wynter Kabimba in his capacity as Minister of Justice and that by passing it on to Ellis & Co. for the benefit of Leonard Banda, he effectively gained pecuniary advantage since as Secretary General of the PF, he did not pay for the said legal opinion. Mulusa further said that Wynter assisted other private individuals, namely Bonaventure Mutale and Leonard Banda to gain pecuniary advantage as none of them paid for the legal opinion they received from Wynter Kabimba. Mulusa also explained the case of interference in the judiciary against the provisions of the constitution.
The matter resumed at 14:30 though the Petitioners’ were overhead saying there was no need to call anymore witness since Mulusa had built up an excellent case and calling more witnesses might cause the defense to “crawl back”. The defense now plans to only call two or so more witnesses instead of the planned eleven. Although the Petitioners were given up to Friday this week, it looks like the Petitioners might conclude their case this afternoon or tomorrow.
PF cadre and ZNBC board chairperson, Dr. Mulwila and Bonaventure Mutale are the two State Counsels leading the Kabimba six man legal team while petitioners’ lawyers are Makebi Zulu, Gilbert Phiri, Keith Mweemba and Nganga Yalenga. Right now the sitting is on and more damage continues to be done to Kabimba.