STATE OF THE MEDIA IN ZAMBA eligible to hear the The Post matter, judge Nkonde had committed a number of grave due process and procedural irregularities in the current case before him, proving his animosity and bad faith towards The Post. “Judge Nkonde allowed Mr [Lewis] Mosho, the provisional liquidator to then appoint his firm, Messrs. Lewis Nathan Advocates (himself) and Messrs. Palan & George Advocates to replace Messrs. Nchito & Nchito in representing Post Newspapers Limited in challenging the liquidation. How can lawyers appointed by the provisional liquidator represent a company in challenging the same provisional liquidator? Not surprisingly, the syndicate of Mr Mosho and his fronts have withdrawn the company’s challenge to the liquidation with the tacit approval of the judge.”v He further stated: “In another ex-parte move, justice Nkonde has granted leave to commence contempt proceedings against Messrs. Nchito & Nchito for allegedly acting for The Post Newspapers Limited and halted hearing of all the applications challenging the appointment of Mr Mosho as provisional liquidator when as can be seen below, he is hearing other applications made by Mr Mosho and his syndicate of lawyers, including his own firm. The judge casting the proverbial nelsonian eye has allowed Mr Mosho to represent The Post in an action where Mr Mosho is being challenged by The Post. How is this conceivable at law? Judge Nkonde has to date not granted or heard any applications made by lawyers not affiliated to the provisional liquidator, Mr Mosho, and yet almost every application by the parties affiliated to Mr Mosho have been heard and in most cases granted orders ex-parte. Judge Nkonde, having been made aware that Mr Lewis Mosho is barred from appointment as a liquidator and therefore not a fit and proper person to be provisional liquidator because he was removed from the office of receiver in Platinum Gold Equity and Others V Development Bank of Zambia 2015/HPC/0097 has refused and or neglected to deal with the said disqualification.”vi Such issues as the ones above raise a lot of suspicion and the Judiciary will do well to pay attention and clear the allegations. Because the seriousness of the allegations raise questions of the motive of such interventions that have effectively taken out a critical player and voice from the media landscape in supposedly unclear circumstances. They say justice must not only be done but should be seen to be done. If there are questions of legitimacy being raised over the handling of such a case as that of The Post, then there is indeed good reason for those involved in the implementation to exonerate themselves and prove their actions to be above board, both at law and in practice. Anything short of this will only be confirming the suspicions that stakeholders have held; that the handling of the case amounts to nothing more than a witch hunt 10 | P a g e