 |
| Rescue
Shoulders Estate Agency Limited executive director Victor Chilekwa (c) with his
wife and brother Emmanuel when he and his lawyer Nsuka Sambo were sent to prison
for contempt of Court at the
Supreme. |
The Supreme Court yesterday jailed a human
rights activist Victor Chilekwa and his lawyer Nsuka Sambo for three years after
finding them guilty of grave contempt of court.
Chilekwa, who is
executive director of Rescue Shoulders Estate Agency Limited, was jailed three
years suspended for one year on all counts of contempt of court while his lawyer
was jailed on one count of contempt, with a year also suspended.
This
means Chilekwa and his lawyer will only serve two years in prison.
This
is in a matter where Chilekwa and Sambo faced charges of contempt of court after
they insulted the court following the loss of an appeal between Masiye Motel's
Ltd and Rescue Shoulders and Estate Agency Ltd.
In the High Court, Rescue
Shoulders Estate Agency Limited sued Masiye Motels Ltd claiming K200 million as
commission under a contract entered into by the two companies for the sale of
Masiye Lodge Motel.
The High Court ruled in favour of Rescue Shoulders
Estate Agency awarding them a sum of K100 million but Masiye Motel Ltd being
dissatisfied with the judgment appealed to the Supreme Court and
succeeded.
It is the loss of this appeal that enraged Chilekwa and his
lawyer, prompting Chilekwa to write insulting letters to Chief Justice Ernest
Sakala.
Chilekwa's contemptuous letters that got worse in succession were
dated January 9, 2010, February 11, 2010 and February 12, 2010.
In one of
his letters addressed to justice Sakala dubbed: 'Pay us our money, maintain integrity and root out nepotism from the
Supreme Court' signed by Chilekwa and Moses Zulu who is an
operations and administrative officer from the same organisation, read in part:
"In fact, when handing us the judgment, your own officer of the court,
respondent counsel with more than 15 years of legal practice who you interviewed
for a High Court judge position said, 'It is a stupid judgment by stupid
judges'." Chilekwa continued: "Surely do blame yourselves for attracting
these words from among your own amicus curia (friend of the court). What more
will the outsiders say? Running the Supreme Court of Zambia on the lines of
nepotism will not help this country, as it may only turn Zambia into another
Rwanda of 1994 by forcing people to start taking the law into their hands due to
the courts' unreasonable irresponsibility in adjudicating cases. From your
conduct, it appears it's wrong to successfully perform one's contractual
obligations and the party that does not perform its part of the contract must
win the case because they are related to you. Why have you allowed your
relatives to benefit from their wrong of unilaterally varying the contract and
refusing to pay the hard working agents?" ...
Supreme Court
Jails Litigant, His Lawyer
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