The Law Association of Zambia (LAZ) has dragged Lusaka Lawyer Tutwa Ngulube to the Constitutional Court, seeking an order that he should be committed to prison for contempt of court for having issued various statements against its petition.
LAZ also wants an order restraining Ngulube from making any further publications on the matter.
On August 12, this year, LAZ, which is being represented by Simeza, Sangwa and Associates, dragged President Edgar Lungu, the Attorney General and the National Assembly to the Constitutional Court for attempting to alter the Constitution of Zambia through Bill 10, 2019.
But two days after filing the petition, Ngulube recorded himself, charging that State Counsel John Sangwa was masquerading as having repented by taking the petition to the Constitutional Court judges whom he had previously insulted as being ill qualified and embarrassed by circulating their CVs on some internet platforms.
He also said he would not pretend that Sangwa was the best constitutional lawyer that Zambia had ever produced, knowing that he (Sangwa) lost each constitutional matter he took to court.
Ngulube further charged that LAZ president Eddie Mwitwa had been paid by a named institution to fight and embarrass the PF government.
He added that both Mwitwa and Sangwa were lawyers representing UPND leader Hakainde Hichilema in the presidential petition and that the two had failed to win the case and were now trying to use the Constitution to protract their battle against President Lungu.
“We therefore demand that Mr John Sangwa should immediately recuse himself from the court proceedings or if he fails, we will petition the President to remove his rank as State Counsel so that he does not use his position and status in the legal fraternity to fight his personal battles against the President,” Ngulube said among other allegations.
But in an affidavit in support of notice of motion for an order for committal, Mwitwa stated that Ngulube’s statements had created a substantial risk such that the course of justice in the proceedings touching on the petition would be seriously prejudiced.
He added that Ngulube’s remarks were intended to prejudice the administration of justice and to prejudge the issues for determination herein.
And according to a notice of motion for an order for committal for publication in contempt of proceedings before the Constitutional Court, filed by Simeza, Sangwa and Associates, LAZ which has cited Ngulube as the respondent, wants an order that he be committed to prison for his several contempts in making and publishing various statements on the said audio.
LAZ further wants an order that Ngulube by himself or his agents, be restrained until after the judgement in this action, from publishing or writing on any matter, the subject of its petition.
Meanwhile, the Constitutional Court has set August 28 as date of hearing of the petition filed by LAZ.