THE Lusaka Magistrates’ Court has ordered the arrest of Football Association of Zambia president Andrew Kamanga and his co-alleged contemnors for failure to appear before court to answer to contempt of court charges.
This is in a matter where Damiano Academy Football Club vice secretary general Damiano Mutale and Zanama Brave Rovers FC general secretary Patson Lusaka filed a complaint of contempt in the Lusaka Magistrates’ Court against Kamanga, FAZ general secretary Adrian Kashala, FAZ electoral committee chairperson Ronald Hatoongo, Steve Nyondo, Alistair Kaleji, Bazolo Mseteka and Christopher Munachuka.
Mutale and Lusaka want the five to be cited for contempt of court for proceeding to hold and conduct the FAZ electoral process and elections in breach of the court order dated March 11, 2020.
On the said date, the Ndola High Court halted the FAZ electoral process and meetings pending determination of the matter in which Mutale and Lusaka sued FAZ and its general secretary challenging the decisions made at the extraordinary meeting held in February.
Ndola High Court judge Mary Mulanda granted Mutale and Lusaka an ex-parte order staying the FAZ electoral process and elections.
“Upon reading the affidavit sworn by Damiano Mutale filed herein and upon hearing counsel for the plaintiffs, it is hereby ordered that the on-going Football Association of Zambia (FAZ) electoral process and FAZ elections which begun on March 7, 2020 and scheduled to end on March 28, 2020 are hereby stayed pending the hearing and determination of this matter,” reads the order in part.
But Kamanga and his co-alleged contemnors proceeded with elections on the Copperbelt, forcing Mutale to commence contempt proceedings against them.
It is alleged in count one that Kamanga and his co-alleged contemnors between March 12 and March 15 whilst acting together committed contempt of court by proceeding to conduct the FAZ electoral process and elections for the Copperbelt region in defiance of the court order.
The alleged contemnors are on the same dates alleged to have conducted the FAZ electoral process and elections for Luapula region in defiance of the court order.
When the matter came up for plea before chief resident magistrate Lameck Mwale, only Kashala was present while Kamanga and the five co-alleged contemnors were not before court.
Bellington Mosha, the lawyer representing Kamanga and others, said he had several preliminary issues to raise.
However, Mutale’s lawyer Gilbert Phiri who is privately prosecuting the matter said the defence cannot make applications without the accused taking plea and presenting themselves before court.
“The accused are supposed to present themselves before court and there cannot be any other business before plea,” said Phiri.
In response, Mosha said on the issue of service of summons on FAZ, Kashala was present as a result of the summons that were served on him.
Mosha said the other accused have not been personally served with the summons, and that he did not have an affidavit of service for the summons.
“A bunch of summons were left at FAZ hence the appearance of the general secretary. We insist that proper service must be effected. We inspected the affidavit of service, no personal service was effected on the rest of the accused,” said Mosha.
In his ruling magistrate, Mwale ordered that Kamanga and five others be arrested.
“It is clear the accused are aware of the proceedings but have decided to stay away insisting personal service. The accused are aware of the proceedings and have instructed counsel to represent [them]. I order that the warrant of arrest be effected against the accused,” ordered magistrate Mwale.
The matter comes up on March 25 for return of bench warrant.