M’membe U-turns on costs review case

FORMER Post Newspapers proprietor Fred M’membe has u-turned on his request to the Constitutional Court to review costs condemned on him in a matter where he was challenging liquidation of the newspaper company. Dr M’membe, through his lawyer Nchima Nchito, told the court yesterday that he wanted to withdraw the application so that he could comply with the court’s directions which require him to apply for leave to reopen the judgement of the court. In this case, Dr M’membe wanted the Constitutional Court to stay execution of judgment where he was condemned to costs in a matter in which he was challenging the Kitwe High Court’s decision to quash the Judicial Complaint Commission's ( JCC) ruling which found High Court judge Sunday Nkonde, with a prima facie case for professional misconduct but he and the State entered a consent quashing the decision of the JCC. Dr M'membe petitioned justice Nkonde and the Attorney General and was seeking a declaration that the proceedings in 2017/HK/771 before the Kitwe High Court were a nullity on account of want of jurisdiction and that the consent judgment entered in that case was null and void. But the Constitutional Court dismissed the case following an application by the Attorney General and condemned him to costs. And now Dr M’membe was seeking an interpretation or review of costs awarded to the State and the Post Newspapers Limited (in liquidation). And when the matter came up for hearing before three judges of the Constitutional Court headed by Judge Annie Sitali, Mr Nchito said that in view of the court’s guidance, he was abandoning the motion for review of cost. “The matter was coming up for interpretation or review of the judgement in costs. We however, have an application to make in light of the court’s guidance that where a party seeks to reopen the final judgement, that party must make a formal application to seek leave to reopen the judgement,” he said.