NDC leader Chishimba Kambwili has filed a complaint against Lusaka magistrate David Simusamba in the Judicial Complaints Commission saying he has exhibited bias and cannot continue handling his case.
According to impeccable sources, Kambwili filed the complaint by close of business, Wednesday, and he is yet to file another one today.
“There’s a complaint which has been taken to the JCC against that magistrate who is handling the case where honorable Kambwili was dragged to court by [Chilufya] Tayali. The complaint is about how magistrate Simusamba has been unnecessarily harsh on the honorable even the time when he was sick and being pursued by the ACC. Despite being informed that honorable Kambwili’s house was being searched on the material day, the magistrate threatened to issue a bench warrant against him knowing fully well that he was in the custody of the state. He has also complained that the magistrate warned him to stop, if at all he was, interfering with witnesses which he feels was a presumptuous position,” the sources said.
“There was also another time he missed court, should have been on the 19th of March due to illness but the magistrate refused to understand and branded him a truant witness whilst the state advocates madam [Margaret] Chitundu said he was an entitled wealthy person when really, such issues should not even arise. There’s just been a lot going on.”
According to the sources, Kambwili also complained that magistrate Simusamba had accused one of his lawyers, Christopher Mundia of dragging politics into his court.
“Then there’s an issue where apparently, that magistrate told counsel Mundia in his chambers that he was trying to drag politics to his courtroom and warned that he would start losing cases soon because of that. He even said that if he was to rule in counsel Mundia’s favor in a matter where he was arguing against madam Chitundu, he would have to convince him at least 60 per cent or something like that,” said the sources who added that the Roan PF member of parliament had also questioned magistrate Simusamba’s association with Grandview proprietor Bokani Soko, which he said was very bad for his case.
“Finally, there’s an issue of the magistrates friendship with Bokani which is problematic because you know that the honorable has openly accused him of corruption on several occasions so he feels magistrate Simusamba cannot give him a fair trial. I’m told there’s a second complaint being drafted because of what happened today which shocked the Honourable, he is going to lodge a second complaint against the magistrate because clearly the magistrate is openly biased against him.”