By Esther Chisola
The Lusaka High Court has granted former Anti-Corruption Commission (ACC) chairperson Musa Mwenye leave to commence contempt proceedings against UPND Kankoyo member of parliament Heartson Mabeta.
According to an ex parte order granting the leave, Justice Charles Kafunda ordered the leave after Mwenye applied for Mabeta, to be committed to prison for his defamatory remarks against the judge.
“It is hereby ordered that the applicant be and is hereby granted leave to apply to this Court for an order that the alleged contemnor, Heartson Mabeta, be committed to prison for issuing and publishing on his Facebook page a statement on 21″ July 2024 wherein he alleged that Hon Mr. Justice Charles Kafunda was intimidated by the Applicant to order Konkola Copper Mines Ple (In Provisional Liquidation) to pay Copperbelt Energy Corporation Plc US$33, 000,000.00 in order that the Applicant receive US$3,000,000.00 but the Applicant was defeated by the Alleged Contemnor,” stated the court.
On Monday, Mwenye gave Mabeta 24 hours within which to retract a “defamatory post” in which he had accused him of seeking to get $3 million from Copperbelt Energy, failure to which he would seek court redress.
In a letter addressed to Mabeta dated July 22, 2024, Mwenye through his lawyers was demanding for a retraction and an apology for the defematory statement against him.
“In your Facebook post of the 21 of July, 2024, you published a social media post in which you alleged that our client attempted to irregularly get US$3 million commission from Copperbelt Energy Company Plc, a Public Limited Company which is held to the highest standards of ethical behaviour. You also maliciously and falsely allege in your post that our client intimidated Mr. Justice Charles Kafunda,” stated Eddie Mwitwa.
Mwitwa stated that at no time did Mwenye demand for a commission from the Copperbelt Energy Company Plc nor had he, in his many years of practice as a lawyer, ever intimidate any judge or adjudicator.
“These allegations have been made maliciously and without evidence whatsoever, especially considering that our client has practiced law successfully for the past 25 years without any blemish or ever being punished or sanctioned by the Law Association of Zambia,” he stated.
