Judge halts M’membe’s proceedings

LUSAKA High Court Judge, Sharon Newa, has halted proceedings in which former Post Newspapers limited (in liquidation) Editor-In-Chief, Fred M’membe has asked the court to set aside the Consent Judgement that declared the company insolvent.

This is in a matter in which M’membe commenced proceedings in the High Court and also in the Constitutional Court, seeking a stay and order to set aside High Court Judge Sunday Nkonde’s consent judgment that declared the Post Newspaper bankrupt.

M’membe and the Post Newspaper limited sued the Zambia Revenue Authority (ZRA) and the five former Post Newspapers employees - Abel Mboozi, Roy Habaalu, Andrew Chiwenda, Mweembalubi Mweene and Bonaventure Bwalya - who commenced an action requesting the court to wind up the company.

But the former employees applied to have the matter halted as it was similar to the one before the Constitutional Court.

They argued that the proceedings were an abuse of the court process.

In her ruling, justice Newa said she would stay the proceedings pending determination from the Constitutional court.

Justice Newa further said all applications and preliminary issues would be heard once proceedings before the superior court are determined.

“Before the application can be heard and in keeping with the requirement that all parties affected by any order shall be heard, counsel for all parties shall be served with the applications.

“However, the application shall be heard once the proceedings before the Constitutional Court are determined and the same goes for the preliminary notices filed and the applications to stay execution of the consent order and the order for preservation of assets,” justice Newa said.