High court throws out president Banda parentage case

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The  Lusaka High Court has thrown out the case in which the Patriotic Front (PF) was trying to restrain President Banda from contesting this year’s tripartite elections.

High Court Judge in charge Jane Kabuka was by 11 hour local time reading her ruling which in essence dismissed the matter started by the opposition.

The Judge said President Banda was not part of the action in court. She said President Banda was not sued.

Wynter Kabimba suing in his capacity as PF secretary general, had sued the Attorney General, MMD national secretary Major Richard Kachingwe and the Electoral Commission of Zambia claiming that the ruling party cannot by law sponsor President Rupiah Banda because his parents are not Zambian citizens.

Kabimba was claiming a declaratory judgment or order that the parents of President Banda are not citizens of Zambia by birth and that the MMD cannot by law sponsor him as a presidential candidate in the 2011 presidential and general elections to be held on September 20, this year.

But one of the lawyers representing President Banda,  Eric Silwamba said the PF’s civil proceedings against Mr Banda’s parentage was “incompetent” and a “wrong mode” that could not be heard by the High Court but the full bench of the Supreme Court.

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193 Responses to High court throws out president Banda parentage case

  1. Mr Kabimba,what a lawyer who does not know how to sue

    Zambian - August 9, 2011
    11:21

  2. isabi lyambila ukubola kumutwe.ichalo chino chalibola kale. lets turn the tables, sata’s parentage brought up by silapwa in the high court. what would have been the outcome?!?!?!?!

    “we won’t tell you”

    to our friends Ni “donchi kubebe”

    kapampa - August 9, 2011
    11:19

  3. Blogers, pliz do not involve the jucuary in the incompetence of Kabimba. No one interfed with the decision of the court. Kabimba did not know were to take the case in the first place. His heads of arguements and writen submision were grosy and irevant to the mater at hand. Kabimba did not do his home work properly. This man is dull. Now that Chiluba is dead, what issue will Sata and PF tell the pipo of Zambia? Sata is strandedes in thinking. This year we will vote to injure Sata and puta final nail on the confin of Sata. 2011 is not a good yr for PF and Sata. We are burying them forever.

    kombwe - August 9, 2011
    11:17

  4. Does the PF have a think tank which should have gone through the whole RB’s parentage issue before going to court? Had they done this, they would have uncovered smarter ways of presenting their case to Zambians.

    Amazon2 - August 9, 2011
    11:16

  5. don’t ku beba,

    isabi lyambila ukubola kumutwe.ichalo chino chalibola kale. lets turn the tables, sata’s parentage brought up by silapwa. what would have been the outcome?!?!?!?!

    kapampa - August 9, 2011
    11:15

  6. Language ma fellow fellaz…….Nevr play wit a rulin party.

    Jay - August 9, 2011
    11:13

  7. lets bring in a nu government so that the courts can be fully be inpendent so we will on in the field cant wait for 20th

    king julien - August 9, 2011
    11:13

  8. You see what happens when PF plays dirty! Rumour-Mongering to cause confusion and side track everyone. I will not stop letting everyone that this man Sata must not be voted for. Praise him now but be prepared for tears later. Why can’t you see what this man is doing – he is not a man of peace. Everyday you hear him rumor-mongering and slandering someone. Think you people!!!!!

    Onbehalfof the poor people - August 9, 2011
    11:12

  9. It was frivolous of PF to take this case to court. PF just be brave enough and face RB in the 2011 elections than embarrassing yourselves on frivolous issues. Can PF explain to the electorate why a vote should be given to Sata instead of HH or RB.This is time to talk about manifestos and developmental issue of your parties.By the way I’ve a free vote until some candidates give good reasons why should vote for them.

    Integrity Biko - August 9, 2011
    11:07

  10. I wish PF had thought of this in good

    Ann - August 9, 2011
    11:06

  11. Kabimba Chikopo!

    Solo - August 9, 2011
    11:03

  12. We have mentioned time and again that this is a waste of time and money honestly who does not know that a sitting president in this country has got utmost control of the judiciary and other institutions which are supposed to be independent.

    The best is to just concentrate on winning votes rather than putting up fights that cant materialise. may i also advise the PF to be calm and relax they are always overzealous and thinking they have already won, this is why they are always dissapointed and end up blaming innocent pipo.

    ALL THE BEST DURING THE CAMPAIGNS !!!!!!

    Kadoli - August 9, 2011
    11:00

  13. So Winter is dull.And he calls himself a lawyer?A lawyer who doesnt know how to sue.Which Law School did he attend?Shame

    Al Capone - August 9, 2011
    10:58

  14. PF bashing has just stated.We shall hit them hard come 20th September. Viva RB Viva MMD!

    Solo - August 9, 2011
    10:56

  15. The case may be thrown out but it doesn’t change the fact that RB’s parents where not Zambians….interestingly RB’s lawyer never challenged the nationality of his parents. Let’s us not violate the constitution on technicalities…..My prayer is please lets kick out MMD and correct the ills in this country for heaven’s sake!!!!!VIVA SATA

    Bibu98 - August 9, 2011
    10:54

  16. I knew this is Zambia, full of corruption.

    Kaka - August 9, 2011
    10:53

  17. Lets bury PF this year

    Tarantino - August 9, 2011
    10:48

  18. Once beaten twice shy, but this is not the only beating in store for pf, mo beatings are coming on 20th sept. We’ll make the mobile clinic ready for any heart problem and the roads will have been in better condition then. Viva Dr RB and Tandiwe

    Zigzag thinking - August 9, 2011
    10:44

  19. I expected the ruling……state machinery at work!

    Gab - August 9, 2011
    10:43

  20. Ba PF, please just forget about this and move on. This idea of coming up with misguided schemes will not get you anywhere. Just campaign hard. You have been doing so well in campaigns and you just want to mess up yourselves just like that. Ignore this bush lawyer Kabimba, he has passionate hatred for individuals and as a party, you might end up fighting battles on his behalf. Be careful. Be very very careful. Don’t be used.

    weshiluwe - August 9, 2011
    10:39

  21. We gave Kaunda, a non Zambian, 27 years in office!

    Drewman - August 9, 2011
    10:39

  22. Kabimba has never won any case. So whenever Kambimba files a case at any court, he can not win. The reason is simple, he is a dull lawyer.

    Junta - August 9, 2011
    10:37

  23. Very sound ruling by the High Court. There was no sense in the PF case in the first place. But thats what you expect from a party full of kaponyas whose only common denominator is that they are so disgruntled with life.

    Mu Zambian - August 9, 2011
    10:36

  24. The outcome was expected, there is no way such a case could have gone through with only a few weeks before elections. Let PF tolk about developmental issues they have in place for us to vote for them otherwise they are just a bunch of time wasters. Lets give people with real manifesto like HH rule this country.

    John Phiri - August 9, 2011
    10:35

  25. Next to be thrown out will be His Honour G. Kunda’s case. The Constitution allows him to continue as VP until a new president assumes office. Kabimba should read Article 45 (3) of the Constitution. But, as a lawyer, I expect him to have read it already, otherwise he joins the ranks of Kaponyas.

    M.M. - August 9, 2011
    10:33

  26. The only thing that Kabimba did at UNZA law school was to occupy space.
    Woe betide the nation whose Legal Affairs Minister is Wynter of discontent Kabimba. He is doing this to stop Sata from appointing Scott as Vice President.

    THE SAINT - August 9, 2011
    10:33

  27. In Zambian courts it was expected and as PF we knew it.However it was one of those things you expect in African Courts.It only showed that as PF we are more particular about upholding the constitution than RB him self. The game has just started wait in few weeks time.RB will be running across the country trying to convince the people because things will be hot for him.The court will not be voting that day.

    Late comer - August 9, 2011
    10:31

  28. I told you. Kabimba should have known better, as a lawyer!

    M.M. - August 9, 2011
    10:28

  29. Too bad for over excited PF barking dogs.The Gay Satan in big sh**t this 20th Sept.Anyhow,RB & MMD have built lots of hospitals and even have mobile ones to ensure tat the serpent is attended to promptly in case of depression.

    PF GETS IN POLITICAL COFFIN THIS 2011..!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Expecting To cast A vote one day - August 9, 2011
    10:26

  30. Red lipped Kabimba has cannot win a case. The twit is so dull that he can only sign on marriage certificates at the Civic centre for wedding couples. Beyond that he has no legal mind.People who hire him do it at their peril.

    Joy - August 9, 2011
    10:25

  31. This is the begining of losing by the PF. Am very sorry for them. Try to consult widely before you take any action of such nature, even though we all know that it will be difficult as it is a one man party. VIVA RB VIVA MMD.

    Young Chap - August 9, 2011
    10:24

  32. HAHAHA…THIS IS VERY INTERESTING INDEED. RUPIAH IS SUCH A NUISANCE MAN. WE SHALL FACE HIM IN THE BALLOT SATANINA

    RUPIAH CITOLE CA NOKO - August 9, 2011
    10:24

  33. Kabimba; what kind of a lawyer is this chap. He is more and more becoming a liability to his party.

    Rio - August 9, 2011
    10:23

  34. This is the begining of losing by the PF. Am very sorry for them. Try to consult widely before you take any action of such nature, even though we all know that it will be difficult as it is a one man party. VIVA RB VIVA MMD.

    Young Kid - August 9, 2011
    10:21

  35. how many cases has kibimba won in court since he started practicing law? any body knows?

    Ufisanji? - August 9, 2011
    10:18

  36. I AM A GOOD MAN BEING FOUGHT BY EVIL MEN. WHAT DO YOU EXPECT?

    Nyama Soya - August 9, 2011
    10:18

  37. Sata is used to losing and Kabimba has no shame anyway. They will regroup and come up with another silly scheme. Just recently it was always about the date of elections. Now that development is rushed. When was development ever wrong?

    Mukundambolo - August 9, 2011
    10:15

  38. WE KNOW THE SITUATION IN OUR ZAMBIAN COURTS……LETS NOT WASTE TIME, RESOURCES AND ENERGY ON SUING RB IN PARTICULAR……..ELCTIONS ARE COMING IN FEW WEEKS TIME AND ZAMBIANS WILL PASS THEIR OWN VERDICT, FULL STOP…..FOR NOW LETS GO FLAT OUT IN SOUTHERN, N/WESTERN, EASTERN & CENTRAL TO SELL OUR MAN, MC SATA……..

    DONCHI KUBEBA PART 6- 42 DAYS TO GO!! - August 9, 2011
    10:15

  39. the silly chaps were just busy wasting everones time. let them go to hell. vava rb

    muzo 4 rb - August 9, 2011
    10:14

  40. This case is very intersting. The judge says that RB was not sued in his personal capacity. Now, Kabimba can not sued RB in his personal capacity becuase Article 43 of the consitution protects RB aganist being sued whilst he is still holding the office of president. Kabimba is indeed a very dull lawyer and i do not know what will become of him after sept 20 when PF losse elections.

    kombwe - August 9, 2011
    10:14

  41. Government is more crooked than criminals

    Kassy - August 9, 2011
    10:10

  42. To start with Kabimba took the matter in a wrong court and now we are told that RB was not sued. PF has finally come to an end this year. Sata will lose terible this year and no woneder up to now, PF has failed to complete the adoption of MPs. Kabimba is not a good lawyer and this the guy who has spent most of his time in admninstration and expecting him to win a case is foolishness. Kabimba is a total disgrace to the legal profesion. This boy is very dull and i said it that he will be embarased by the outcum of this case.

    kombwe - August 9, 2011
    10:09

  43. Try umwaiche mwe bantu,did u guyz try 2 check his profile?

    Youth sufferer - August 9, 2011
    10:07

  44. its sad for pf . just campaign if you know how to present your manifesto ,then forget about the parentage issue.We the voters will decide.

    Nzoolo - August 9, 2011
    10:05

  45. these Kaponyas were told from the onset that this whole thing was wasting National time,but typical of them they went ahead to embarrass themselves.I hope they dont take there frustrations on the street.

    wanzelu - August 9, 2011
    10:04

  46. Zambians please lets wake a non zambian will not develop this country

    wapazi - August 9, 2011
    10:03

  47. The Watchdog. You guys are really as in really fast. I love you so much

    peter cool - August 9, 2011
    10:02

  48. It was expected ! Z has no laws. Judiciary in Africa is like dat. Viva change !

    Hassan al ahmeed - August 9, 2011
    10:01

  49. We told that it was a waste of time….when you saw intellectuals in UPND kept quiet that should have being an indication that the case was not going anywhere.I wonder what is the new strategy now in PF

    conservative - August 9, 2011
    10:00

  50. its not yet 11hrs

    koja - August 9, 2011
    09:59