Ngwira ordered to apologise to judges Malila, Wood
CHANODA Ngwira, the man who threatened to commence private criminal proceedings against the two judges after they accepted to give witness statements in former Director of Public Prosecutions (DPP) Mutembo Nchito’s case has been ordered to apologise.
Mr Ngwira, a PF sympathiser, was ordered to apologise for interfering and threatening Supreme Court Judges Mumba Malila and Albert Wood by the Constitutional Court.
This is in a matter where Mr Mutembo Nchito is challenging his removal from the office.
Mr Ngwira threatened to commence private criminal proceedings against the two judges after they accepted to give witness statements in Mr Nchito’s case.
In this matter, Mr Nchito had applied for leave in the Constitutional Court to commence contempt proceedings against Mr Ngwira for threatening Justices Malila and Wood with criminal action if they did not step down.
Mr Ngwira had written letters to Justices Malila and Wood, threatening them with criminal action for giving witness statements in a matter in which Mr. Nchito is challenging his removal as DPP in the Constitutional Court.
Previously, when the matter came up for submissions on May 14, 2019, Mr Ngwira’s lawyer Jonas Zimba told the court that his client had agreed to purge the contempt.
Mr Zimba informed the court that he had instructions to tender an apology, in particular that Mr. Ngwira unreservedly apologised to the court for the actions complained of.
He stated that Mr Ngwira undertook to withdraw the statement made against the judges involved, as well as make a public apology.
In response, Mr. Nchito equally confirmed Mr. Zimba’s statement and commended him for the approach he took in properly advising Mr Ngwira, which according to him was not usual in their jurisdiction.
Constitutional Court Judge Palan Mulonda has also ordered Mr Ngwira to publish the apology on all media platforms he used to publish the alleged contemptuous material within seven days from the date of the ruling.
“We however wish to censure the alleged contemnor for his wanton behaviour and warn that the same should never be repeated. Contempt which is calculated to prejudice or interfere in the due administration of justice attracts grave consequences.
And when the matter came up for a ruling yesterday, Judge Mulonda said the court had considered the turn of events in the contempt matter.