THE Law Association of Zambia has summoned one of the lawyers representing Chifubu PF member of parliament Frank Ng’ambi, who is facing a charge of grievous harm with intent to maim, disfigure and disable, to appear before the Legal Practitioners Committee.
But the lawyer, John Kayuni, has instead sued LAZ in the Ndola High Court.
This follows a letter that was addressed to Kayuni, an assistant chief registrar of lands and deeds, in which he is expected to appear before the Legal Practitioners Committee on September 13 at the LAZ secretariat in Lusaka to explain the circumstances surrounding his involvement in the matter.
“It has been brought to the attention of the Legal Practitioners Committee that you are representing Mr Frank Ng’ambi under Messers Enias Chulu Legal Practitioners,” reads the letter in part.
But in an application made in the Ndola High Court, Kayuni has asked the court to grant an interim restraining order pending the determination of his case under the Legal Practitioners Committee.
According to a statement of claim filed in the Ndola High Court, Kayuni states that on July 21, he received instructions from Messers Legal Aid Board counsel Kenneth Tembo to co-represent Ng’ambi who was charged with assault as well as violence under the Anti-Gender Based Violence Court.
He said a nolle prosequi was entered in the matter and the accused was rearrested and remanded in custody for assault with intent to maim.
The matter was relocated before chief resident magistrate John Mbuzi where lawyers appeared and represented Ng’ambi.
He said while the criminal proceedings were on, LAZ through its committee, the National Legal Aid Clinic for women, instituted further proceedings for violence under the anti-GBV Act and continued issuing press statements.
He said after appearing before four different courts, the parties reconciled through court processes and the proceedings on violence were discontinued.
However, Kayuni alleges that LAZ is aggrieved with the reconciliation and the pro-bono legal representation, prompting it to summon him and another Legal Aid counsel to appeal before the Legal Practitioners Committee on allegations that they represented Ng’ambi under the hospices of Messers Elias Chulu and Company.
“The Law Association of Zambia is lying on the allegation, and the real reason for summoning the plaintiff is that the plaintiff represented Mr Ng’ambi and that LAZ lost the case hence opting to go for lawyers who acted for Mr Ng’ambi,” reads the statement of claim.
Kayuni said LAZ is and was aggrieved by the pro-bono legal aid representation of Ng’ambi as it deprived them of fees.
He said unless the association is stopped and prevented from calling on him, he may suffer irreparable damages as his rights as an advocate may be infringed upon and the right of audience before courts withdrawn.
“In the circumstances I crave the indulgence of the court to grant the interim restraining order pending the determination of the matter,” reads the statement of claim.