Wednesday, April 24, 2024

RB’s passport application should be made to the High Court, rules Magistrate

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Former President Rupiah Banda
Former President Rupiah Banda

Chief resident magistrate Joshua Banda has this afternoon dismissed an application by former President Rupiah Banda’s lawyers to have his passport released, stating that the application was wrongly before the subordinate court.

Delivering ruling on the application, Magistrate Banda ruled that the application was supposed to be made before the High court.

Magistrate Banda made the ruling the ruling after analyzing submissions from the state and the defence team.

Mr Banda said the application to vary the accused persons’ police bond was before a wrong court saying even though he had inheritance power, it should not override the statutory provisions and that the application was before a wrong court.

“The magistrate only has powers to extend the police bond and not to make any variations, and on the accusations of people making running comments, let all those including the accused stop making any running comments over the cases before court,” he said.

Magistrate Banda has also warned the public media and state advocates to desist from making commentary on the case of the former president which is still in court.

And in another court where the former president is charged with concealing of gratification under the Anti Corruption Act, Principal Resident Magistrate Obsitter Musukwa ruled that the former president should apply for the release of his passport through the High court.

Magistrate Musukwa told the court that only the high court is empowered to vary the jurisdiction.

And speaking to journalists immediately after the ruling defence lawyer Sakwiba Sikota said the next move will be made known after talking to their client.

President Banda is scheduled to travel to South Africa on the special invitation by Boston University by midday tomorrow.

43 COMMENTS

  1. The issue of passports being held by the courts has been around since Chiluba era, and so I expected these lawyers to know which court to apply to for the release of a passport, especially that these are the same lawyers who have been handling this type of cases. The so called “learned” members of the bar. Are they properly schooled? Chiluba(MHSRIP) spent the rest of his life applying for release passport, and so these lawyers should have learnt something from Chiluba’s situation. Anyway, just thinking.

    • Chiluba used to get his passport from Magistrates court . There’s nothing that has changed. RB’s corruption cases are all before the magistrates court. It is not the High Court that set RB’s bail conditions. It was the Magistrates court. The only time the High Court got involved was to rule on a constitutional issue. Are the majority of Zambians congenitally dishonest?

    • The PF is just being academic here, they will delay the process until RB fails to meet the deadline, thats what is happening

    • Ba Goncalves naimwe. It looks like your brain is laced with Chili. Understand that RB has been visited by the law!

  2. What do you expect from Shakwiba Sokota……? Amafi yeka yeka. Balelya indalama shakwa ALABI. Umwine ailibilefye eka.

    • You must really hate Sakwiba. How about the other 5 lawyers like Professor Mvunga? By the way RB’s cases are before the Magistrates court. It was the lower court that set the bail conditions and not the High Court. Magistrate Banda has deliberately misled himself to just delay the process so that RB misses his appointments as a result of an uncalled for extended court process. This has nothing to do with the High Court. They will throw it back to the lower court who set the bail conditions and adjudicating the case.

    • Ba Goncalves naimwe. It looks like your brain is laced with Chili. Understand that RB has been visited by the law!

    • @Goncalves, your RB has been visited by the law. Listen to yourself making some funny ill informed comments on here. The issue is that, RB’s team wanted the bail conditions VARIED! The magistrate court is clear that it does not enjoy such powers, but the high court. If initially, such a condition to release the passport whenever your RB wants to travel out was not included, then it can’t be inserted just like that boss.

  3. I repeat again this **** Ala Bee is a flight risk on a one way ticket, his blood sucking lawyer Robert Amsterdam is behind all these fictitious useless meetings abroad. We are not *****, Zuma also has his vile dirty paws on this and will never send back Ala Bee if he does a runner.

    • Breaking news.

      Robert Amsterdam has with immediate effect changed his name to:

      Robert Monsterdam

      Kindly take not

  4. He has also been invited to give a lecture at Robert Kapasa Makasa university in Muchinga. He does not need a passport to go there.

    • So why is he crying???! I’m sure even our OWN Mulungushi University or Cbu wouldn’t mind having him give lectures or discuss topics such as;

      (1) How to become a billionaire in less than 3 years.
      (2) How to run a COUNTRY as if it is a FAMILY COMPANY.
      (3) How to govern by doing the opposite of what the people want ( Mobile Hospitals, Manda mandas, bla! bla! bla!).
      (4) How to promote hatred in the nation by promoting HATE programs on national TV such as “Stand up for Zambia” by a criminal called CHANDA CIMBWI.
      (5) How to marry a girl three times your juniour and make her first lady. Etc. etc!

      So why does he have to fuss about using a passport export his massive ‘knowledge in these fields…???”

  5. In as much I support the former president, I think he should set his priorities in order. He should concentrate on his case and nothing else. Going abroad to give speeches is a trivial matter in light of the case against him. It has been the policy of the state to confiscate passports from those accused. Were offenses are bailable passports should be given back. But sadly this is not the case pa zed.

  6. You should have applied earlier.Your Lawyers are not doing their Job.Chi Sakwiba busy plundering what RB stole.

  7. The international community should have known by now that inviting RB is a waste of time because the PF regime is determined never to allow him leave the country, not even the courts can decide in his favour.

    RB should be advised to just forget about leaving the country and concentrate on his cases.

    • All reasonable people would be reluctant to let the man go out of Zambia currently because he is a flight risk, simply stated.

  8. THE DAY RB WILL HOLD HIS PASSPORT WILL BE THE LAST TIME WE’LL SEE OF HIM. SO TAKE A GOOD LOOK AT HIM BEFORE WE MISS HIM FOR A LONG TIME. BYE IN ADVANCE SHIKULU.

  9. All these lectures have been orchestrated by Robert mambala armsterdam and he thinks out courts are so dull and can buy it off so easily.He’s actually using these invitations to make our govt look so bad by the international community.His main objectives are 1.to make it look like RBS rights are being trampled on 2.to help RB run away from our country and seek asylum in another country .It wont work.

  10. RB konws that his passport cant be just released anyhow!! He thinks our courts are too fulish that if they hear of such speeches,they will release his passport.RB seat down!!!!

  11. RB MADE A GRAVE MIS-CALCULATION WHEN HE REFUSED TO APPEAR BEFORE THE INVESTIGATIVE WINGS WITH HIS IMMUNITY INTACT. HE THOUGHT THE STATE DID NOT KNOW ANYTHING ABOUT HIS OIL-GATE SCANDAL. NOW HE HAS ENDED HIMSELF INTO DEEPER WATERS. EVERY STATE WITNESS SEEMS TO BE REVEALING A NEW SKELETON FROM RB’S WADROBE. HIS LAWYERS ARE ALSO CONCERNED ABOUT THE MUD THAT WILL EVENTUALLY SOIL THEIR GARMENTS WHEN THE WHOLE TRUTH IS FINALLY MADE BEAR. GOD HAS A WAY OF SORTING OUT CRIMINALS SLOWLY BUT VERY SURELY INDEED.

  12. RB has been invited for a one day event.He is a diplomat and a dignified man he would not run away.PF is just being petty and irritating Zambians.If you can treat a former president like this what more a common man on the streets.Those of you rejoicing at this injustice the same thing can be done to you.PF has done more harm to this country than good.Can’t wait for that boat to be sunk and buried in the archives of history

    • BABA, WHICH ZAMBIANS ARE BEING IRRITATED OTHER THAN RB’S TANDEM OF THIEVES OF ALL SHADES AND COLOURS AS THE POST CALLS THEM? TO THE CONTRARY IT IS RB WHO IS IRRITATING ZAMBIANS FOR INSISTING ON RUNNING AWAY VIA QUASTIONABLE INVITATIONS. HE IS SURELY IRRITATING ZAMBIANS. AFTER ALL THESE ALLEGATIONS HOVERING OVER HIS HEAD, WHY SHOULD HE INSIST ON GOING INTO FOREIGN SOIL WHERE THE ZAMBIAN JUDICIAL SYSTEM HAS NO JURISDICTION?.

  13. RB is just waiting for PF government to make a mistake of allowing him to go outside the country. If and when that happens, RB will not be content to just go to South Africa. His immediate destination and permanent place of domicile will be somewhere near his financial nest, somewhere near his Barclays Bank account!

    • Chungu run away in a car but come back. what happened? if RB wants to leave Zambia, he will leave. Mind you he has friends who if wants maybe capable killing your ukwa. He not just a mare person, former PRESIDENT WITH ALL THE INTELLIGENT SYSTEM, ARMY COMMANDERS, NIGERIANS. EVEN HERE, WE HAD A MEETING AND PEOPLE WERE SAYING PRESIDENT TO PRESIDENT DEAL-THESE WERE NIGERIANS. IT IS NORMAL WHY ARE U PIPO TROUBLING YOUR PRESIDENT. UNTIL SOMEONE GETS A BULLET ON THE HEAD YOU WILL BELIEVE THAT LIFE MAY NOT GOOD AT TIMES.
      I FEEL PITY WITH YOU PEOPLE. EVEN ME I CAN BEWITCH SOMEONE IF ANICHINGA HAPPINESS.

  14. If this is what happens to former presidents then no one will want to be a former president in Zambia. You can freely travel, Give the old man his passport. He will come back. Give him his benefits. Let Boston University pay him what you cant pay him for just being there.

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