THE Lusaka High Court has thrown out an application by Former President Rupiah Banda’s lawyer, Robert Amsterdam alleging that the Zambian Government has denied him a Visa to enter the country.
This is in a case in which President Micheal Sata had sued Mr Amsterdam, the Zambia Daily Nation Newspapers and managing director, Richard Sakala seeking an injunction to restrain the defendants from publishing any articles against him.
Mr Amsterdam then raised a preliminary issue before the high court deputy registrar, Chilombo Phiri accusing the Zambian Government of having denied him a Visa to enter the country for the purpose of defending this court action according to Article 18(9) 4, of the Constitution. Ms Justice Chilombo threw out the application.
He later appealed against the dismissing of his application before the high court, and the matter was handled by Judge Mubanga Kondolo who also yesterday dismissed the application on grounds that Mr Amsterdam did not provide proof that he had been barred from entering the country.
“All the reliefs sought are based on Constitutional provisions, in seeking protection from the perceived violation of his fundamental rights, the appellant should have filed a petition, on that basis, the appeal is dismissed,” Mr Justice Kondolo said.
Mr Justice Kondolo had however allowed Mr Amsterdam to file a petition because it was a pertinent issue.
Mr Amsterdam had asked the court to stay proceedings in this matter pending the hearing of his application but had also been thrown out as well the other application to set aside the writ on grounds that he ought to have made a separate application seeking an order to compel the State to grant him entry into the country to defend himself.
Mr Justice Kondolo has since directed that the main matter in which Mr Sata was seeking an injunction to restrain the defendants from publishing articles on him should proceed and that parties be at liberty to apply for Orders for Directions or to file Consent Orders for Directions.
“In the meantime, the main matter shall proceed and the parties are at liberty to apply for Orders for Directions or to file Consent Orders for Directions,” Mr Justice Kondolo said.