Which case has Kabimba ever won? Asks MP Mulusa

By Lucky Mulusa, MP

The attacks on the Electoral Commission of Zambia by Mr Winter Kabimba are once more indicative of his raw nature as a legal practitioner. I find these attacks on the Commission very disingenuous in nature and must be done away with forthrightly! I also find Mr Kabimba’s interpretation of the law very insulting to the profession especially that he is a State Counsel. There are many instances where Mr Kabimba has chosen to only refer to sections of a law which will give credence to his position and leave out the operationalization sections of such a particular Act. For instance, the Article on a former President’s entitlements, Mr Kabimba in Parliament, read the provision half way through to only pronounce areas where the provision said, “… shall be entitled to a house….” He conveniently refused to read the section which says “….at a site of the former President’s choice…” This according to us laymen means that; a President leaves office, becomes a former President and goes through the process of identifying a site.

The same pattern in Kabimba’s habit of lack of application of the law is manifesting itself in his attacks on the ECZ. The following can be observed from his position:

  1. Kabimba being a lawyer must know that Cap 13 of the Electoral Act stipulates that the Commission shall not be subject to control or authority of any sort in the discharge of its functions;
  2. To the contrary, Kabimba as a lawyer, did not cite any provision of the law that supports what he was saying whereas, the Commission quoted the constitution and the Electoral Code of Conduct;
  3. Kabimba should be forthright in his insinuation. The fact is that the PF wants Mambilima and Isaacs out of the Commission. He should not be speculating that some officers should retire on moral grounds;
  4. We are aware that Kabimba’s failure to intimidate an institution of democracy such as the ECZ is killing him especially that he has managed to cow the Zambia Police, the Anti- Corruption Commission, the Drug Enforcement Commission, the DPP’s Chambers, and many others into dancing to the PF’s confusing and uncouth political tune. The Heads of these compromised institutions must be the ones to resign; and
  5. Lastly, but not the least, Kabimba should not complain about election results in the street. He should have gone to court to challenge the entire 2011 elections results. This would have given him a plus to be the first person to petition the entire election results from which the PF emerged victorious. This is allowed in the Constitution.

I have searched Mr Kabimba’s history as a lawyer and I am battling to find a particular case in which he represented someone and he won the case. I must however give him credit for winning the case in which he sued the Lusaka City Council for wrongful dismiss. The iron in this case is that he was actually represented by someone else.

We have a situation in which a State Counsel’s only victory in court consists of a matter in which he was a client.

Withdraw the State Counsel status with immediate effect. Otherwise, it remains a mockery to the skill, experience, exposure and contribution to the legal profession that anybody on whom this status is conferred with should possess.

Lucky Mulusa, MP.

Solwezi Central Constituency.

July 2013

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