Muhanga has at several times publicly expressed views that have cast the judiciary in general, and the High Court in particular, in very unfavourable and scandalous light.
By Margaret Malenga.
Lusaka, May 26 – The Lusaka High Court has set 31st May, 2023 as the date for hearing a matter in which Ministry of Tourism Permanent Secretary, Evans Muhanga, has been sued for contempt of court.
This is in a matter where two stakeholders in the safari hunting industry filed for contempt proceedings against Muhanga last month, over his comments on a matter that was active in court between the State and two aggrieved parties.
According to ex-parte summons for leave to apply for committal proceedings, Muhanga has been ordered to appear before judge Elita Mwikisa on the stated date.
‘’LET THE PARTY concerned attend before the Honourable Mrs. Justice E. P. Mwikisa in Chambers on the 31st day of May 2023 at 09:30 hours for the hearing of an application on behalf of the Applicants for an Order for leave to apply for Committal proceedings against the Intended Contemnor herein named: Evans Muhanga on the grounds set out in the affidavit in support filed her with,’’ read the document.
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Muhanga, while addressing members of selected Community Resource Boards (CRBs), and chiefs, referred to a court case where ELNAC Investments Limited and Mfumu Farms Limited sued the State after Muhanga cancelled safari Hunting Concession Agreements (HCAs) for 19 hunting blocks.
In April last year, Muhanga cancelled HCAs reached in 2020 for 19 hunting blocks across the country, against legal advice from Attorney General Mulilo Kabesha.
Later in the year, he re-advertised the tenders despite ELNAC Investments Limited and Mfumu Farms Limited challenging the matter in court.
Last October, the Court of Appeal granted the applicants judicial review in the matter. After the court’s decision against the State, Muhanga advertised for resident and bonafide hunting.
But in December the same year, the Lusaka High Court quashed the cancellation of the Agreements, the re-advertised tenders, and the resident and bonafide hunting advertisements.
Muhanga later appealed the High Court’s decision in the Court of Appeal, a matter that is still active.
And on April 6, 2023, ELNAC Investments Limited and Mfumu Farms Limited as first and second applicants respectively filed for contempt against Muhanga.
According to an affidavit in support of ex-parte summons for leave to apply for committal proceedings filed in the Lusaka High Court by Haimbe Legal Practitioners, the two firms wanted the court to cite Muhanga for contempt and commit him to prison.
Macleod Chinsubya of Plot No. 46664/8, Chilanga, argued on behalf of ELNAC Investments Limited and Mfumu Farms Limited that the judgment delivered by the High Court on December 20, 2022 directly affected the Ministry of Tourism over which Muhanga superintends and bears on the decision he made.
Chinsubya contended that subsequent to the judgment, Muhanga has at several times, both locally and internationally, publicly expressed views that have cast the judiciary in general, and the High Court in particular, in very unfavourable and scandalous light.
‘’That on or about the 28th March, 2023, a meeting was held at the Government Complex in Lusaka at which stakeholders in the Hunting industry were in attendance at which the Intended Contemnor addressed the participants regarding the state of the industry. That shortly after the meeting, on or about the 31st March, 2023 the Intended Contemnor held a private meeting at the Belvedere Lodge in Kabulonga, Lusaka,’’ he submitted. ‘’In attendance at the meeting of the 31st March, 2023 in addition to the Intended Contemnor, the parties present were Senior Chief Mukuni, Chief Jumbe, Chief Malama, a Representative of Chief Mukanga, the Mambwe District CRB Chairman and several Community Resource Board Members among others. Amongst the attendees were persons who were directly affected by the judgment of this Honourable Court.’’
Chinsubya said at the same meeting, Muhanga made statements which were contemptuous of the court.
He argued that Muhanga’s statements were not only contemptuous and scandalous but were also designed to interfere with the course of justice by threatening people who opposed his decision to float the tender which was the subject matter of the December 20, 2022 High Court judgment.
‘’That there is in circulation an hour long audio recording of the meeting in question that I have had occasion to listen to; which recording I shall avail this Honourable Court. That in the said recording the Intended Contemnor clearly states that nobody can challenge Government decision once Government has taken a stance and further that anyone who goes against Government will be declared inimical to the State in which event that person will be dealt with,’’ he submitted. ‘’That in the said recording, the Intended Contemnor can be heard saying that he has the Power to make decisions regarding Hunting Concessions despite the findings of the Court and that Government will do as it intends irregardless. That the Intended Contemnor even states that the Judiciary is corrupt, that no wonder some Judges try to kill themselves. That the Intended Contemnor specifically makes reference to the Judgment herein and specific reference of Counsel for the Applicants herein Mr. Mark Haimbe and states that the Judgment procured by the latter was corruptly obtained.’’
Chinsubya said Muhanga’s words were meant to intimidate Haimbe.
He said Muhanga’s statements also meant that the High Court was compromised by Haimbe in order for him to obtain a favourable judgment on behalf of his clients.
Chinsubya added that Muhanga’s statements impugned on the court’s integrity and that of the entire judiciary and were designed to make the public look at the courts with contempt and odium.
‘’That the Intended Contemnor, being a high ranking Civil Servant has in my belief broken the sanctity of the separation of powers of Government with the view to bring the Executive branch and Judiciary branch in conflict,’’ submitted Chinsubya. ‘’That in light of the foregoing I truly and verily believe that this is a matter in which leave to apply for committal proceedings ought to be granted so that the Intended Contemnor should show cause why he should not be committed to Prison for contempt of Court.’’
And in their skeleton arguments, the two firms argued that as a senior civil servant, Muhanga has a duty to ensure that laws and the Constitution of Zambia are upheld and observed.
They further submitted that Muhanga’s conduct was inexcusable and detrimental to the good running of government as it had the potential to create a conflict between two branches of government, which if unchecked, would lead to breakdown of good governance and the rule of law.
The firms said it was clear that Muhanga’s statements were meant to interfere with the current case in court as he targeted some persons directly involved in the proceedings in which the judgment was obtained.
They said the fact that Muhanga named counsel involved in the proceedings gave credence to the inference that he intended to intimidate the parties involved.
The duo also submitted that since Muhanga could wantonly show such disregard for the courts, its machinery, such circumstances require that the court exercises its power and grant leave sought so that he can appear before court and show cause why he should not be committed to prison.
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