‘Reject M’membe plans to block my petition’

FORMER Post Newspaper (in liquidation) employee Francis Lungu wants the Constitutional Court to reject newspaper Editor-In Chief, Fred M’membe’s intention to block his petition.

Mr Lungu sued Mr M’membe, former Post Newspaper employees - Abel Mboozi, Roy Habaalu, Andrew Chiwenda, Mwendalubi Mweene and Bonaventure Bwalya, the Post Newspaper (in liquidation) and the Zambia Revenue Authority over the consent judgment that declared the company insolvent.

But Mr M’membe asked the court to dismiss Mr Lungu’s petition arguing that it did not raise any constitutional issue that needed to be determined by the court.

Mr Lungu however, opposed Mr M’membe’s claim. He said his petition raised a number of constitutional issues which required the court’s determination.

He indicated in his affidavit in opposition to notice to dismiss the petition that one of the issues raised in his petition where that Mr M’membe’s actions challenging the consent judgment violates the constitutional provisions of Article 1 (2) and Article 122 (1) and (2) of the constitution.

Further that by filling numerous processes against the same parties is an abuse of court processes which is likely to affect the liquidation process of the newspaper from being concluded.

“It is not true that I have not raised any constitutional issues in my petition. I indicated in my petition that; by way of a scheme to interfere with the performance of judicial functions of Mr Justice Sunday Nkonde and further frustrate the liquidation process of the newspaper and consequently deny me and other creditors the right to recover our debts, Mr M’membe at almost the same time commenced an action in the Constitutional Court to challenge the consent judgement and another one in the High Court to which in each case he was not a party,” Mr Lungu said.

In his petition, Mr Lungu wants the court to declare that the Consent judgment cannot be challenged by Mr M’membe as he was not a party to proceedings to wind up the company in cause 2016/ HPC/ 0518 and thus could not challenge the Consent judgement entered into under that cause.

He also wants a declaration that the Consent judgement is legal and valid.