LUSAKA lawyer John Sangwa has filed a petition in the Lusaka High Court seeking an order to quash the summons issued by judge Sunday Nkonde that he appears before him to answer to a charge of contempt of court.
Sangwa is also seeking a declaration that the summons issued by judge Nkonde dated June 1, 2018 was ultra vires Article 18 of the Constitution, void and of no effect. Sangwa has been charged with a count of Contempt of Court contrary to order 5 2/1/21 of the Supreme Court Rules (1999) and under the inherent jurisdiction of the Court.
According to the summons, Sangwa accused judge Nkonde of bias and want of integrity in a matter involving Finsbury and the Ventriglias. He is further seeking a declaration that the summons were also ultra vires Article 20 of the Constitution, void and of no effect.
“An order of certiorari to remove into the High Court for the purpose of quashing the summons to an accused’s issued by the respondent against the petitioner and dated 1stJune, 2918,” Sangwa said.
He is also seeking a declaration that the judge’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 May 18, 2018 when he delivered his judgment.
“The petitioner claims that the costs of and occasioned to the petitioner by these proceedings be paid by the respondent personally to the petitioner and the humble petitioner shall forever pray,” said Sangwa who has filed an affidavit in support of his petition.
According to the summons drawn on June 1, t Sangwa was commanded to appear before judge Nkonde at 10: 30 hours on June 11.
“Whereas your attendance is necessary to answer to a charge of contempt of Court; you are hereby commanded in the name of the President, to appear in person before Honourable Mr Justice Sunday Bwalya Nkonde (SC) at 10: 30 hours on the 11th day of June 2018, and on every adjournment of the court until the matter is disposed of to show cause why you should not be cited and committed or punished for contempt of court,” reads the summons.
Particulars of the offence are that: “You John Sangwa SC on the 22nd day of May 2018, in the Lusaka District of the Republic of Zambia deponed or said in an affidavit in support of the application for an injunction pending appeal, in cause 2018/CAZ/8/126 in the matter between Finsbury Investments Limited and Antonio Ventriglia, Manuela Ventriglia in paragraph 23 as follows: ‘I have no doubt in my mind that the judge’s absence from his chambers on Monday 21st May 2018 was deliberate and was intended to frustration to stay his judgment pending appeal and undermine the appeal which is before his Court. My intention is further strengthened by the fact that the judge decided to schedule this application for inter-partes hearing on Thursday 24th May 2018 at 10: 30 hours’, thereby accusing the judge (the court) of bias and want of integrity.”