Kambwili expulsion case adjourned

THE case in which former Information Minister Chishimba Kambwili has challenged his expulsion from the ruling Patriotic Front yesterday failed to take off after the complainant requested for an adjournment to allow him time to study recently filed documents on the matter.

Mr Kambwili through his lawyers Caristo Mukonka requested the court for an adjournment following an application from PF lawyer Eric Silwimba SC to dismiss an application to make changes of Mr Kambwili’s documentation.

High Court Judge Petronella Ngulube granted the application and adjourned the matter to 10th November, 2017 following an application from Mr Kambwili that he needed to study the chal- lenge to the amendments to his document.

“We were intending to proceed with arguments of the preliminary issue before the court.

“We have been informed that an application has been filed to challenge the amendment made without leave. These amendments that were made without leave go to the core of the preliminary issue,” Caristo Mukonka of Caristo Mukonka Legal Practitioners submitted.

But PF secretary-general Davis Mwila

said the application to amend the statement of claim should be struck out or be disallowed thereof.

This is contained in an affidavit filed by Mr Silwamba where the defence has accused the applicants of failure to follow the required procedure in the application. He said it was not a mere mistake that Mr Kambwili’s lawyers made a mistake in appointing an agent which required the leave of court before filing the application.

“That the failure by Mr Kambwili’s lawyer to appoint an agent is not a correction of a mere or accidental mistake but is a substantive amendment that required the leave of this honourable court.

“The appointment of an agent is sine qua non or condition precedent before a country advocate files originating summon,” he said.

Mr Kambwili has challenged his expulsion from the ruling PF and has applied for the court to declare such action as null and void.