The Supreme Court will on Wednesday December 18, 2013 deliver ruling on the appeal by Zambian Airways, Post Newspapers and JCN Holdings Directors on the High Court Judge Nigel Mutuna’s judgement that found directors of the three companies criminally liable to the Development Bank of Zambia (DBZ) debt.
According to a notice of Judgement by Master of the Supreme court all parties are supposed to be seated by 09 hours.
Here is our prediction.
If the judgement will be passed by one Supreme Court judge especially acting Chief Justice Lombe Chibesakunda, the chances are that the Fred Mmembe group may go away with a positive judgement. The same if it will be done by Acting Deputy Chief Justice Florence Mumba, Muyunda Wanki or Gregory Phiri. It will be very tricky if the judgement for team Fred Mmembe is either done by Hildah Chibomba, Ireen Muyovwe or Marvin Mwanamwambwa. We say so because the DBZ appeal is linked to the Judge Chikopa tribunal. If you remember properly team Chibesakunda ruled in favour of the tribunal to investigate Judge Nigel Mutuna and Charles Kajimanga. The other three Justices disagreed with the rest saying the complainants in the tribunal that is team Fred Mmembe were interested parties because they had a matter in court (The Appeal).
So the momentum from the Chikopa tribunal ruling may continue with the DBZ ruling.
But If it will be a full bench or in odd numbers of three, five, seven the Justices may strike a compromise. They may rule that the Directors pay back the loan but acquit them on the criminal liability to the debt. This is due to the fact that if they rule that the directors were criminally liable to the debt, The Director of Public Prosecutions Mutembo Nchito then has to vacate his position a development President Sata, Sata’s boss Fred Mmembe, Wynter Kabimba and Mutembo Nchito himself can not accept. But who knows since we have a President that can call an Acting Chief Justice at any time ordering her to nullify a parliamentary seat.