Sangwa fights contempt charge

By NATION REPORTER LUSAKA lawyer, John Sangwa has petitioned the Constitutional Court seeking a declaration that the contempt of court proceeding issued against him by High Court judge Sunday Nkonde was a violation of the Constitution and therefore null and void. Mr Sangwa in his petition wants the court to quash the decision of Judge Nkonde dated June 1, 2018 claiming that it is a violation of Article 18 of the Constitution. Two weeks ago, Justice Nkonde summoned State counsel Sangwa to appear before him to answer to a charge of contempt of court. But Mr Sangwa wants an order of certiorari to remove into the High Court the said summons as the same expired May 18, 2018 immediately judgement was delivered in the case for which he was being summoned. “A declaration that the respondent’s authority to constitute himself as a High Court established by law as required by Article 18 of the constitution for purposes of cause No. 2008 /HPC/366, expired on 18th May 2018, when the respondent delivered his judgment,” Mr Sangwa said. Mr Sangwa also asked that the costs of proceedings be paid by Justice Nkonde personally to him. According to the summons, Mr Sangwa accused Justice Nkonde of bias in a matter involving former Finance Bank director Dr Rajan Mahtani (Finsbury investment limited) and the Ventriglia family in which the two parties claimed ownership of Zambezi Portland Cement. According to the summons Mr Sangwa was commanded to appear before Justice Nkonde at 10: 30 hours yesterday. IN a separate matter, Mpundu Trust Limited owned by former president Rupiah Banda and family has sued a tenant Paulo Dos Santos demanding US $ 22,300.00 in rentals. According to a statement of claim filed in the Lusaka High court, the said amount of money owed to the Trust was accumulated by Santos from June 1, 2017 to June 2018 at the rate of 1,900.00 United States dollars per month. Mpundu Trust is seeking an order for the removal of the goods from the flat. The tenancy was based on verbal agreement and the same was terminated by mutual agreement after which the keys were handed to the plaintiff but Santos has failed to remove his goods from the flat. At the time of termination of the tenancy Santos had accumulated US $9,000.00 and agreed to settle the debt in three instalments but has failed to settle the arrears which have since accumulated.