LAZ case discontinued
LAWYER representing the former Post Newspapers employees behind the winding up of the company has discontinued a case in which he sued the Law Association of Zambia (LAZ) over alleged infringement of his right to effectively represent his clients.
Billingtone Mosha petitioned the court alleging that LAZ’s summoned him to appear before the legal practitioners committee on February 16 2018 to answer allegations that his letter to the Chief Justice Irene Mambilima was conduct not befitting a legal practitioner as required by law.
Mr Mosha claimed that LAZ’s actions and omissions were likely to violate his constitutional and legal rights in general.
He indicated that the facts leading to the compliant by LAZ were that in the case of Andrew Chiwende and others vs the Post Newspapers limited under 2016/ HPC/0518, he acted for his clients, who filed a petition in the High Court claiming the winding up of the Post Newspaper.
Mr Mosha indicated that during the proceedings of the winding up petition handled by Justice Sunday Nkonde, Shareholders of the post Newspapers logged an application for justice Nkonde to recuse himself but that the application was set aside
for irregularity.
He indicated that one of the shareholders of the Post Newspapers, Fred M’membe also logged a complaint before the Judicial Complaints Commission.
Mr Mosha claimed that during the winding up petition his clients complained and brought to his attention an article in the Mast Newspapers headlined “CJ tells Nkonde to stop handling Post liquidation”
Further that his clients alleged that it was brought to their attention that Chief justice Mambilima had requested Justice Nkonde to recuse himself from handling the matter not withstanding that the issue of recusal had been resolved by the Kitwe High Court.
Mr Mosha claimed that his clients instructed him to write to Chief Justice Mambilima requesting for a response to the issue raised.
He claimed that his clients were exercising their constitutional right guaranteed by law against possible abuse by judicial officers and that he was merely acting on as a legal practitioner with no personal benefit.
Mr Mosha now wants a court declaration that the complaint by LAZ was unreasonable, malicious and unconstitutional.