MAGISTRATE ISSUES BENCH WARRANT AGAINST ANDREW KAMANGA AND FIVE OTHERS.
Chief Resident Magistrate Lameck Mwale has issued a bench warrant against Football Association of Zambia (FAZ) president Andrew Kamanga and five others for failing to appear before him this morning.
In this case, Kamanga and other FAZ officials who include Adrian Kashala, Ronald Hatoongo, Steven Nyondo, Alistair Kaleji, Bazolo Msekeka and Christopher Munachuka are facing contempt of court for allegedly defying a court order issued by the Lusaka High Court to stop the FAZ Electoral Process and Elections.
In the first count it is alleged that the seven jointly and while acting together with other persons unknown, committed contempt of court by proceeding to conduct the FAZ Electoral Process and Elections for the Copperbelt Province region in defiance of a court order dated March 11, 2020.
In the second count, Kamanga and others are alleged to have defied the court order by conducting the FAZ Electoral Process and Elections for Luapula Province region in defiance of a court order dated March 11, 2020.
In the third count, the alleged contemnors are accused of defying a court order by conducting the FAZ Elections and Elections for Northern Region.
When the case came up, private prosecutor Gilbert Phiri informed the court that it was coming up for plea but only Kashala was present.
Lawyer Billingstone Mosha said he was representing all the accused person but before plea could be taken, there were several preliminary issues he wanted to raise.
Phiri objected to Mosha’s intention of raising preliminary issues saying when a matter goes to court by way of summons, the order was that the accused must take plea before any other applications are made.
But Mosha insisted that the order Phiri was talking about did not hold water, adding that he be given an opportunity to raise the issues in the manner his clients were summoned.
However, Phiri maintained that the accused persons must first take plea before the issues are raised.
He said the summons were for them to come to court but they were not even present.
In reply, Mosha said his clients had not presented themselves because there was an issue on whether they were served with summons or not.
He said summons were served on FAZ, while the other accused persons from his inquiry had not been personally served.
“I have not had sight of the affidavit of service, my instructions are that a bunch of documents was left at FAZ, hence the appearance of General Secretary,” Mosha said.
He said before Phiri insisted on his clients taking plea, the defence was insisting on proper service which according to him was not properly effected.
Magistrate Mwale agreed with Phiri, that since he wanted to raise issues relating to the indictment, the accused should have been in the dock.
Passing ruling, Magistrate Mwale, said it was clear that the accused persons were aware but had decided not to go to court.
Magistrate Mwale said it was the reason, they instructed him to represent them in the matter.
“I therefore, order that a warrant of arrests be issued against all the accused persons except for Kashala who is here, you can go and come next week,” magistrate Mwale ordered.
He adjourned the case to March 25, for return of bench warrant and plea.
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