Former Post employee Abel Mboozi says allowing the Law Association of Zambia to join the liquidation case will embarrass the court and derail court proceedings as the associations interest is to protect and defend Fred M’membe.
Mboozi is one of the five former Post employees who colluded with state agents to cause the liquidation of The Post Newspaper on grounds that they were owed salary and other arrears.
Last week, LAZ applied to join proceedings stating that the case had gained enough public interest compelling the association to join.
But in an Affidavit in opposition to LAZ president Linda Kasonde’s application to join proceedings filed in court on Tuesday, Mboozi stated that it was pretentious for LAZ to join the case as amicus curiae (friend of the court).
“That further to my paragraph 13, herein the Linda Kasonde Affidavit aforesaid is thus contemptuous is meant to demean and undermine the dispensation of justice herein and LAZ should therefore have applied to join as a subjective party rather than pretend to join as Amicus Curiae. To join these proceedings as amicus curie is merely intended to embarrass the court and derail the court proceedings as LAZ’s main interest is to protect, support and defend Fred M’membe at the expense of the petitioners and first respondent herein liquidation,” Mboozi swore.
He also submitted that LAZ’s decision to appoint a lawyer to represent State Counsel Nchima Nchito in a criminal matter showed how subjective the association was.
Mboozi further told judge Sunday Nkonde, who is presiding over the matter, that LAZ had been quiet amidst attacks on him by The Mast Newspaper.
Mboozi also submitted that LAZ had not provided any evidence to its claims that judge Sunday Nkonde would not be objective and independent in handling the matter.
Mboozi further stated that LAZ’s mandate did not allow it to interfere in private commercial matters.
“That the allegation of the Linda Kasonde Affidavit in support to the effect that LAZ is a bonafide interested party is outmost misleading and untrue because the mandate, as clearly stated in Act Cap 31 does not in any way extend to interfere or collude in purely private commercial matters as the case in the liquidation of The Post Newspapers Limited (in Liquidation) proceedings,” swore Mboozi.
“I am advised by the counsel that the application by LAZ for joinder is frivolous, vexatious and lacks merit and is intended to disrupt the smooth flow of the winding up process before this court.”