STATE OF THE MEDIA IN ZAMBA

eventual liquidation of the Post Newspaper had been handled and the people
involved in the exercise.
In the period under review, Dr. Fred M’membe took judge Sunday Nkonde to the
Judicial Complaints Commission for alleged gross misconduct in the Post
liquidation matter. Research established that Dr. M’membe had earlier written to
the Chief Justice and judge-in-charge of the commercial court asking that judge
Nkonde stops presiding over the matter between Post Newspapers Limited and
Andrew Chiwenda and others.
In his letter to the Judicial Complaints Commission (JCC) dated February 10,
M’membe stated that it was gross misconduct for judge Nkonde to sit to
determine a matter involving a company he tried to destroy a mere five years
ago. He stated that in spite of not having been eligible to hear 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have withdrawn the company’s challenge to the liquidation with the tacit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.”3
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 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

3 The Mast, 13th February 2017

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