ATTORNEY General, Mumba Malila has asked the Lusaka High Court to dismiss the judicial review sought by three opposition Parliamentary aspiring candidates in respect of by-elections in the Petauke Central, Malambo and Mulobezi constituencies.
The Patriotic Front (PF) party has also filed a notice to be joined to the proceedings as an interested party and that it petitioned the parliamentary seats which were later nullified.
In his notice to raise preliminary issues, Mr Malila questioned whether the proceedings before the court were not incompetent for having been brought by way of judicial review rather than petition.
Mr Malila submitted that the court had no jurisdiction to entertain an application to direct actions against makers of general statements that did not specify the applicants and that the court did not have the ratione materiae to proceed further in the matter.
“For all the foregoing reasons, we respectfully pray that the applicants’ action be dismissed with costs,” he said.
He further stated that the judicial review proceedings were misconceived and an abuse of court process since they were premised exclusively on the perceived non-compliance with the provisions of section 22 and 104 of the Electoral Act which did not apply to any of the public officers.
He stated that the application for judicial review was in fact premature since legal challenges in electoral matters could only be brought after an election and also given that no decision had been taken by any public body or officer to bar the applicants from filing their nominations.
“Does the press statement by the judiciary’s public relations officer or the letter of the acting Registrar of the High Court or ECZ statement referred to in the notice constitute in law, a decision assailable through judicial review?” asked Mr Malila.
He also questioned whether any of the four accepted grounds for judicial review applied to the situation presented in the applicant’s applications.
He said section 104 which required a Court that found corrupt or illegal practices to make a report of its findings to the case did not apply in this case as no report was made and none needed to be made for matters that were determined by the Supreme Court.
And an affidavit by the PF sworn by the party’s secretary general Wynter Kabimba stated that as a result of the nullification of the said seats by the Supreme Court, the PF intended to contest on all the seats and had already expended considerable human and financial resources in preparation of the same.
In the matter, the Lusaka High Court granted former parliamentarians, Dora Siliya, Maxwell Mwale and Hastings Sililo leave to commence judicial review against the respondent on grounds that they had intentions to refuse their filing of nominations.
The matter comes up today for hearing.
What is Malila asking the court to dismiss yet in the past this repressive PF regime has disregarded court orders with reckless abandon?
This Dora story should just go away
Thanks
The minister of Justice in Court “And an affidavit by the PF sworn by the party’s secretary general Wynter Kabimba”. Do PF have Deputy SG. it is uncalled for were ministers acts in four different colors.
Oil dealer
Minister
part cadre
Complaint in courts. How?????????????????????????????????????????????
The only reason Dora is petitioning these matters is because as Daniel Munkonbwe so eloquently said, for FOOD, not because she will make any difference to anybodies life by being in parliament.
Dora, please get a life and stop wasting your time.
I remember when i used to drink from masaka, These chaps behaves like prostitutes in bars. no direction
the court should dismiss this katenga kamilo and june winter’s request instead.
i have just observed that the govt has lost many cases that have been brought before high court compared to those brought before the supreme.even dora won a petition at high court and lost it at supreme.its posible that winter and his team may lose it at high court but win at chibesakunda court.
This case is a gonna. The involvement of Winter Kabimba is a fatal mistake. I appreciate he is a lawyer, but he’s also a Justice Minister and SG of PF who’s acted as Republican President before.
This gives undue pressure to the Court and usually Judges world over, resent this quasi Government/Political/ Legal mix and approach. Besides, Winter has never won a court case (it is said).
Please can someone point to me a court case which Wynter successfully won. When was the last time Wynter stood in court to argue a case? Just asking…
Winter we know you are now in panick mode! A lawyer without a case won!!! Useless, this time cakunina ciyuni!
I cannot understand the states response when they mention that no institution has taken a decision to bar the applicants. Is the Attorney General telling us that the announcement in the media from the electoral commission to the effect that it will not allow Dora and the two others to file nominations for by elections did not amount to barring them to contest? Could someone clarify what Mr Malila’s means when he mentions that no one was barred any institution?
Right on. I also do not understand what he wanted them to do after the official statement from ECZ – go the nomination centres and do what? He is even implying they should have waited for an election (hope he didn’t mean an erection) to happen, wouldn’t that have been too late? Trying to confuse the court or what?
I would also seriously want to hear the explanation. It is rather confusing.
Malila and Kabimba are Zambia’s most incompetent lawyers. Bring back Chalwe Mchenga who always made sense. How can these maggots argue about the obvious.
In fact even the prostitute Stella Libongani was already threatening the 3 barred candidates! So what are these monkeys now saying?
LAZ inchito yamoneka to guide the country on proceedings. We need your diligent input to interpret the happenings as they unfold in court.
Mumba Malila, Wynter and other PF supporters have lost knowledge, wisdom (if they had any), intelligence on this case. They have now started behaving like those monkeys and elephants in one movie that were drunk with some certain substance.
Nchelelebula as usual.
Evil Ghost Fire!
Lawyers Vs Lawyers shiiiiiiiiiiiiiiii…………………….
Lusaka times your headline is misleading,how can Kabimba ask the court to dismiss the judicial review when he has just submitted to join the proceedings?
Don’t take sides when reporting,some of us we are non partisan but always want to know what is going on in our nation through you. It is going to be sad if you start to mislead us.
I have seen that as well. They did the same to Kenneth Konga, where they reported that he gave evidence against RB when the opposite was the case and then later they came to change the heading. Please LT do not pretend and tell us the truth if you are a PF mouth piece? I have also seen that some of the contributions are not being published but LT ends up publishing Mushota’s rubbish stories which do not make sense to the public.
ba zedians,i know i have never won a case throughout my career but please understant me,my papers are fake from matero university…i hope i have cleared the air now and from today onwards i dont want anyone to say winter has never won a case,winter this ,winter that it pains me.
WAPYA MUNZI
I thought Mumba Malila was a Chief Legal Adviser. Why degrade yourself for the monies or threats they give you(((?. Please advise Wynter and the PF at large to NULLIFY the Kapiri Seat as a PF cadre was found with K15 m plus during campaigns which was even shown on TV. Thats enough evidence for nullification and no participation. With you the misconducts are overlooked!!! Thats craziness. Please clean up your closets before you see dirt in your friends. BE REAL and be the REAL CHIEF LEGAL ADVISER defending the interests of the nation at large.
Winter reminds of a malawian boxer, king blowtop mwanza, 100 fights,99 loose 1 draw, world record.
“Does the press statement by the judiciary’s public relations officer or the letter of the acting Registrar of the High Court or ECZ statement referred to in the notice constitute in law, a decision assailable through judicial review?” asked Mr Malila. I cannot understand the states response when they mention that no institution has taken a decision to bar the applicants. Is the Attorney General telling us that the announcement in the media from the electoral commission to the effect that it will not allow Dora and the two others to file nominations for by elections did not amount to barring them to contest? Could someone clarify what Mr Malila’s means when he mentions that no one was barred any institution?
This sounds like blocking justice.
Is Kabimba doing his job of Justice minister or PF secretary general?
Can someone enlighten me on the job of the Justice Minister please.
Does honourable Kabimba get paid on all of these portfolios he sits? Moreover, is the rest of Zambia devoid of skills for this one Kabimba to hold a position or two more than one?
Bravo AG!!! Bravo SG!!
haha, you’re a funny guy!
Kabimba & GBM where involved in corrupt scandals bt thet were cleared by sata without wave them from ministrial possitions to allow investigations from law inforcers,& u winter wat makes u think HH & mumba cant clear dola & company? stiopeti.
DORA, YOUR MIDDLE FINGER HAS BROUGHT YOU KAFWAFWA,remember 2011 campaigns , and i Quote ‘Sata is like a man who can not perform in bed’ if am not mistaken, meaning he is impotent .
this means that what you do and say is what you reap
Whats all the fuss about being a lawyer and
not winning cases?
Are we not aware that law is one profession where you still make money whether you win a case or not?
Mumba Malila cannot pretend that he does not know what is going on. The statement issued by ECZ and the Judiciary through the press aide were the reasons Dora and others sought a stay of nominations. The way Malila has put it shows that someone in govt went and twisted the Acting Chief Injustice’s arm to issue that statement and later threatened the ECZ to adhere to the same without any legal basis. Now that people have gone to court, govt realises that it did not follow the law and fears embarrassment. We all know that even the police were detailed to prevent Dora and others to file in their nominations on the basis of the illegal pronouncements by the SC and the ECZ. We Zambians are now confused as to whether the courts will now start making rulings without people appearing in court.
The positions held by Hon. Kabimba are ireconciliable.
2 out of 3 civil wars in Africa are caused by the likes of Malila, Sata and Kabimba. These are individuals with no respect for the rule of the law, but we as a people are thankful for a remnant in the judiciary who are prepared to take on these monsters. We are also grateful to the few lawyers prepared to take on these criminals even at the risk of having their offices broken into by state agents. Remember that break ins by state agents can only be authorized by the President.
DORA IS NOT GOING AWAY AND SHE WILL CAUSE PEOPLE SLEEPLESS NIGHTS. THIS IS A BATTLE FOR SUPREMACY BETWEEN DORA AND MALILA THAT STEMS BACK TO THE THE FIRST TIME THEY WERE AT WAR, OVER THE DORA RESIGNATION SCANDALS. HOW I WISH SUCH BATTLES COULD BE TURNED INTO GOOD USE.
wait and see.battle of lawyers… winter=lawyer,malila=lawyer,Judge mulenga=lawyer & dora has a group of layers.all trying to interpret same law differently……. it is amazing some professions awe kwena. A Debit will be a debit on earth even on Jupiter…… let’s get rid of all lawyer from this planate imwe bantu
The logical meaning is that this Malila is being frivorous and vexatious. On this kabimba ‘shivering’ the man is pompous and drunk with pride,he wants to bully the pf chief justice, ask the director of acc, he bullied her and she dropped the corruption case against the almighty kabimba.
This infamous clique of Law Twisters spear-headed by Lombe Chibesakunda, Wynter Kabimba, Mumba Malila, Patrick Matibini, Mutembo Nchito etc, will soon join us sadly biting “tasteless” snacks at Manda Hill, ‘Things that could not be said’ by ordinary people reveal that the clock is ticking towards the eclipse of barbaric governance as signalled by a strange star hovering above the Zambian midnight sky.
Mulenga Wampanga #16 King BlowTop Mwanza was a Zambian boxer not Malawian. Malawi had King Jetu
Kabimba to win his first case, you heard it first.
Mr Kabimba it will be very difficult for you to separate two positions PF SECRETARY GENERAL and JUSTICE MINISTER in this case, I ADVICE you to quit one to balance the function. I can see PF needs you as there secretary general Mr Sata also needs you as his Justice minister, you are in a big dilemma boss. Train one secretary general but be careful because UPND is busy offering them good cash.
What’s the definition of abuse of office? Whatever it is Kabimba and co have definitely crossed the last line.
play house at work kekekekekekekeke these clowns yaba
I may offend someone but as the matter of debate, I feel Zambia as turned into a diferent country. As big position as that of Kabimba, why is he finding himself all over the show? Is that not indiscipline Honourable and Sc? I thought we have Judiciary which understand what it is suppose to do but not the situation where now we are seeing the Leaders in power trying to control the Court when their are others who can do the work. Mumba Malila is the Attorney General how does he find himself to control Judiciary? We are afraid and worried of the so many bad happenings. I see retrogression governance.
Kabimba is not even ashamed of what he is doing. When too much talk comes out of one mouth, you will expect sin to be heard. Ba Kabimba must remain a party cadre. He is dishonouring Zambia from the outside world.