Lusaka lawyer John Sangwa says the court documents which another lawyer Sakwiba Sikota tried to save on the new CEO of Zambezi Portland Andrew Kamanga to stop him from running the company has no effect.
And Sangwa says the ruling to cite Rajan Mahtani for contempt of court cannot be acted upon now because it depends on other instructions which the court still has to make.
This is in the on-going fight over Zambezi Portlands Cement between Rajan Mahtani with his lawyers and the Ventriligia family who have since been deported from Zambia.
The Ventriligia being represented by Sikota have gone to court in an attempt to cite Mahtani, his partners and lawyers for contempt of court.
The Venriligias state that Mahtani and his partners have taken over Zambezi Portlands despite a court injunction barring them from doing so and have even appointed a CEO -Kamanga.
Sakwiba Sikota has been trying to serve a court judgment on Kamanga but has been barred by the police. See the documents here
But Mahatni’s lawyer John Sangwa says the papers that Sikota is trying to give Kamanga are invalid and that Kamanga should just continue to work as boss of ZPC.
According to ‘advisory notes’ to his clients and seen by the Watchdog, Sangwa said:
‘I have read the Ruling of the Court dated 28th December 2012, which the Plaintiffs’ lawyers attempted to serve on Mr. Kamanga today. The same has no effect whatsoever. It is a product of an application made for the inclusion of the Inspector General of Police and Mr. Kamanga as contemnors.
‘The inclusion of the IG and Mr. Kamanga was refused by the Court but the inclusion of Dr. Mahtani was allowed.
‘However, the ruling is subject to the ruling of the Court made on 27th December 2012, in which the Court said that the committal proceedings will stay in abeyance until further order of the Court. It follows that until the Court makes an order or gives further directions pursuant to its own Ruling of 27th December 2012, we have nothing to worry about and Mr. Kamanga must continue to run ZPC as planned.’
The Bailiffs tried serving Kamanga this morning at Chabanga Lodge in Ndola and after serving him were arrested by Zambia Police and taken to Police station in Ndola for questioning.
Ukwa doesn’t want anybody to disrupt his people working at his Cement Plant!!!!!!
Zedian - January 4, 2013
13:01
Zambia is a very big joke, too many big headed people!
London - January 4, 2013
12:55
Sangwa ALWAYS supports the bad guys. Always.
Nubian princess - January 4, 2013
10:33
Police blocking a lawyer from serving court papers on an individual?!!!!!!!!!!!!!!!! What sort of a country is Zambia now?
blago - January 4, 2013
08:53
SURE, ARE THEY NOT THE ONES WHO ARE SUPPOSE TO ENFORCE THE LAW? NOW AIDING LAW BREAKERS.
MWALITETA - January 4, 2013
09:00
The only good lawyers in Zambia are dead. The likes of Richard Ngenda, Edward Shamwana etc. Out of the living, its only Roger Chongwe and Justice Annel Silungwe. The rest are, as we say in Lozi ‘ki mahutu a banna’. They win their cases by hook or/and crook.
Sikufele - January 4, 2013
07:50
Lucy Sichone was good, not Edward Shamwana
Komboni Dweller - January 4, 2013
09:37
An ethical lawyer should run away from “difficult” cases. Some cases are costly to the lawyer’s conscience and principles and these are not worth any money or name he may make on them.
Some-Of-Us - January 4, 2013
07:07
Sikota is a serious senior counsel and you can’t compare him to Sangwa. Mr. Sangwa lectured me in Administrative Law. He is so pompous, and according to him likes taking up cases where you can see that things are bad as long as the pocket of the client is deep. Sangwa can mislead you, he has no respect for the courts up to supreme court. I remember him dressing down some of the respected lawyers like the current Speaker of the National assembly Dr. Matibini who was by then my tutor in the same course. Even when . Matibini was appointed Judge to the High Court, Sangwa kept passing bad comments and down playing his achievements. A senior prominent lawyer once commented that he had regretted contributing in educating some lawyers in reference to Sangwa’s arrogance and pomposity. So am not surprised. You may recall that Sangwa was surcharged by LAZ over monies of a client. It tells you a lot about the person you are dealing with. Some of these lawyers are criminals. Another group of lawyers is still refusing to pay DBZ money. Mr. Sakwiba Sikota S.C is a self respecting, principled and good lawyer and can’t be on the same footing with mercenaries like Sangwa.
mpundu kapokola - January 4, 2013
09:20
In any case Sangwa does not have the necessary qualifications to lecture Law at UNZA because he is a degree holder.By any standards he needs to upgrade to masters to lecture at degree level.
Umusana - January 4, 2013
14:13
Thanks for all the insight.
Some-Of-Us - January 4, 2013
19:31
THIS IS TRUE ABUSE OF JUDICIARY. IF THIS THE ZAMBIAN CURRENT TREND OF COURT ORDERS THEN I FEEL THERE IS NO LAW IN ZAMBIA. WHY IS IT THAT OUR GOVERNMENT FACING PARALLEL JUDICIARY? THERE IS SOMETHING TO DESIRE ABOUT LAW.
SEKANI - January 4, 2013
07:07
We will see how Kamanga will Pay the K350 Billion Tax froud as Reported in the PaFwaka Paper 04.01.13 publication. Scheme for Game Reserve Zambia take over. For Mathani it will be changing CASH from left to right POCKET.
KumalilaNgoma - January 4, 2013
07:00
You always say your dont read the Post.What happened ?
Kalu - January 4, 2013
13:15
Once more we request students of Law in Zambia and abroad to critically scrutinize the characters of Lawyers whom Sata has assembled to dislocate the essence of quality Judicial System in Zambia. Law institutions in the SADC region are frowning on the professional standing of Sata’s legal team such as: National Assembly Speaker Matibini, Wynter Kabimba, Sebastian Zulu, Edgar Lungu, Mutembo Nchito, Mumba Malila, Musa Mwenye. The Circus includes the existence of such vultures as Mmembe and Sangwa hovering along the perimeters of Govt institutions.
John Sangwa is on record to have spear-headed calls for the removal of Chief Justice Sakala on account of old age, but opted to burry his head in the sand when Sata replaced Justice Sakala with a much elderly Judge Chibesakunda. Sangwa is now disputing the Ndola High Court judgement by fighting legal battles with other Lawyers on the streets rather than brave it up to articulate his arguments in the Courts of Law. Parents who have sent their children to study Law at Unza are wondering as to which criteria UNZA’s School of Law recruited such a warped minded Sangwa to a position of Lecturer. Thank God the clock is ticking towards the eventual eclipse of the PF Govt.
Mphangwe - January 4, 2013
06:23
You guys are talking!
Changa - January 4, 2013
12:19
Freedom is coming tomorrow!
Do not lose hope.
Keep praying,keep hoping,keep resolving not to be take for a ride by greedy politicians.
Remember real power belongs to us…the citizenry.
No matter how dark it may look today,countrymen and women,boys and girls,,,,,,dawn is innevitably near.
Goodmorning!
The VOICE - January 4, 2013
06:23
AMEN
Abena - January 4, 2013
07:40
Can’t believe Andrew Kamanga is a sell out, jus as well FAZ delegates rejected him! How can he can and takeover someone company when he knows the matter is in court? In any case, Kamanga was in charge of fundraising for RB and his children, how come he has abandon them for mahtani whom RB wanted to fix for crockery?no wonder RB lost, he was infiltrated right in his bedroom
Jack - January 4, 2013
06:16
SANGWA IS ONE BETTER LAWYER THAN 10 OF THEM PUT TOGETHER
Manzi yapya - January 4, 2013
06:02
I agree with you on the count that one incompetent ignorant demagogue its “better” than 10 incompetent demagogues
Kipara Matata - January 4, 2013
06:45
Looool!
Ulemona - January 4, 2013
07:11
Lie, Lie, he is simply an opportunist. All goog Lawyers are dead. The likes of Richard Ngenda, Edward Shamwana etc. The only Lawyer worth writing home about in Zambia today is Hon Roger Chongwe. The rest win their cases by hook or crook.
Sikufele - January 4, 2013
07:43
Kamanga’s hands are tied too. He borrowed money from Mathani to finance a start-up in NW Province. Working at ZPC is probably a way of paying back part of the debt he owes the loan shark.
time - January 4, 2013
05:41
what kind of italians are these who are battling it out in cheap compromised judicial system don’t they know any modern day Corleone who are still capabble of saying i will give him an offer he cant refuse. they could quickly sot out this mess and while they are at it maybe do us a favour coz am tired of this quagmire.
Consigliere - January 4, 2013
05:07
the would do as a favour buy visiting statehouse and leaving a dead house’s head on UKWA’s bed
TheEngineer (Australia( - January 4, 2013
06:51
Q: How many Lawyers do you need to change a household light bulb?
Lawyer: At least three. One to state the need to change bulb, 2nd to defend the existing bulb stating how reliable it has been, and a 3rd dressed in white wigs and facing the other two, listening to them with a wooden hammer on his bench!!
Village Chicken - January 4, 2013
04:47
Kikikikikikikikikiki
Evelyn Hone reloaded - January 4, 2013
07:13
Can someone more learned in law kindly guide, isnt wat sangwa doing in advising his client to ignore a court ruling in itself contempt?and is laz’s take on this matter if a senior lawyer is grossly professionally misconducting himself in undermining the legal system which i believe lawyers take an oath to defend and respect?
suggestor - January 4, 2013
03:52
Typically, the real Africa Zambia is. A hopelessly confused country
Child of the Sky - January 4, 2013
00:59
Sangwa go back to school, the ruling clearly states that Kamanga’s appointment in not valid…… !!!!!
Zedian - January 3, 2013
23:34
Yaburr cnt wait to finish this movie… Powerful lawyers in the ring, rOund 2!!!
malume - January 3, 2013
23:11
Ok
Debora Nonde - January 3, 2013
22:22
Judicial circus entertainment in Zambia. This warrants a DICTATOR to reign in Zambia.
Original Zambian - January 3, 2013
21:42
We have one already but need one with a different approach to sort out this mess. Maybe our friends in uniform can bring some sanity in this game the politicians and lawyers are playing
Hara - January 3, 2013
21:48
Be careful what you wish for…so many people wished for a PF Govt and today many of the same are clear that it was simply a case of “jumping out of a frying pan and into the fire”…
It's a worry (Mmembe n Nchito should pay back K14b) - January 3, 2013
22:21
hara dont thats a very serious crime dont incite please just stick to the foregoing thank u
virimas - January 4, 2013
19:42
Do you know that Sata first registered his Party as MMD-PF, it was declined by Societies Body because of similarities in name and would confuse the population. My question is aren’t we already confused?
MMD-PF - January 3, 2013
21:37