THE State has asked the Supreme Court to dismiss an appeal by former republican president, Rupiah Banda challenging the decision of the High Court to decline to stay the decision of the national assembly to lift him his immunity so that he can be open to prosecution.
Mr Banda has in this matter sought leave of the High Court to challenge the National Assembly’s decision to remove his immunity from prosecution on a simple majority of 80 out of a total of 158 Member of Parliament (MPs).
High Court judge Annie Sitali granted him permission to commence judicial review but she declined for it to operate as a stay.
While the State appealed to the Supreme Court against the decision of the High Court to grant Mr Banda leave to commence judicial review of parliament’s decision to lift his immunity, Mr Banda on the other filed a cross appeal challenging its decision to decline leave to commence judicial review grated to him to operate as a stay.
But the State has objected to Mr Banda’s cross appeal and asked the Supreme Court to dismiss it.
The Attorney General Chambers in its in response to Mr Banda’s cross appeal filed in the Supreme Court yesterday argued that Ms Justice Sitali did not error in her ruling when she declined to stay the lifting of Mr Banda’s immunity.
It said that it was misleading to argue that an order of stay in judicial review proceedings was ancillary to the order granting leave to move for judicial review.
It stated that order 53 rule 3 (10) of the Supreme Court practice, gave discretion to the judge whether or not to grant the stay of the proceedings to which applicant related.
Mr Banda is arguing that the decision by parliament to lift his immunity is illegal and irregular especially that he was denied an opportunity to be heard.
Mr Banda said that it is unreasonable for the speaker Patrick Matibini to proceed with the motion notwithstanding that a petition challenging the state’s intention to lift his immunity had been already filed in the high court.
In his cross appeal, Mr Banda said Ms Justice Sitali erred in law and in fact when she ruled that the leave will not operate as a stay of the decision made by the National Assembly to remove the applicant’s immunity.
Mr Banda is court facing prosecution on two different matters.
he should ask them ati…”ni immunity yanioko?”
Ba PF ma politics abupuba aya. We know tht RB is a FREE MAN leave him alone, we know you are a lethargic govt AND FROM TODAY never mention that name again we know you are doing this to placate us-the citizens.
You are already an evasive govt and plunder till you get tired.
I am off this idiocy !.
3+years on, none of accusations taken before the court is holding. The Government has the most malicious and hateful Minister of Justice in Kabimba, AG in criminal Mutembo, a voice of hatred in Post tabloid with all kind of hired and coached witnesses, yet nothing has held. Millions of US dollars has been shredded to recruit witnesses and on some highly expensive international goose chase. Nothing substantiates the accusation. Should Zambia continue shredding its meager resource sustaining these fishing expeditions? Who loses or rips from these goose chases? Justice delayed is justice denied. Criminals fictitiously created created cases without material facts as money making machines. In Levy’s Taskforce, US34 million was spent yet there is zero asset given to the state as all shared.
Senior Citizen, you are the same people who have led to the lack of progress in our judicial system by looking at justice through your PF cadre lens. RB benefited personally from funds that could easily have been used to buy drugs and equipment to save the thousands of lives that are lost at UTH each year. Yet we continue to stand by such characters. So many other characters like RB are getting away with such crimes at the expense of poor Zambians that can’t afford medical treatment abroad.
This is a disgrace
Kabimba then Minister of injustice as the pone serving the legion of hatred and lies, was the paragon of hatred and confusion himself. How come they lamentably failed to have any of their accusation hold over 3 years of these fishing expeditions? Their scheme was hollow and shortsighted. It was conceived with a motive of isolating RB from the international platform by denting his illustrious top Diplomat internationalist profile. They hoped it could get black and fecal to make him an international outcast. Little they know that crashing an authentic internationalist is not a realizable task of trolls but credible institutions. RB remains widely loved and respected free man of the Global community. Its time stop this conduit of funding hate Groups who use some fishing expeditions to steal.
What a waste of tax payers money on unnecessary court proceedings. Very soon we will be hearing of a discontinuation of the case.
@1.3 Chils,
The rule of natural justice system does not thrive on hearsay, innuendos, malice, sensationalism, or tavern gossip shoved by these hate groups, but provable facts. Even business decision science, they don’t just make business decisions based on any data received from the back-end architecture. Competent Decision makers only do so once they are are certain that data parity has been done with a consistence check.
It will be dangerous to legitimize this culture of malice and hatred. RB cases have lamentably failed and they cannot continue milking the treasury when it is apparently clear that they baseless.
LUNGU DONT TRUST HIM NOT EVEN AN INCH,GONE TO SEE MUGABE TO THANK HIM,NEXT EX CONVICT MASUMBA STILL MP FOR MUFUMBWE PLEASE GOD HELP US .RB CASE PLEASE NO NEED TO EVEN PUBLISH THIS STORY THE WITHERED BALLS MR VIAGRA IS FREE MAN .PERIOD
Parliament’s decision to lift Rupiah’s immunity is even more justified today than at the time, given recent events leading up to the January election.
we’re “treated” to a glimpse of what the former president was capable of.
I fear to imagine what would have happened in MMD if his immunity was intact.He’s a shrewdest,self absorbed individual I’ve ever seen.
Rupiah would stop at nothing sticking his thick fingers into anything that glitters like gold for himself. This push to restore his immunity can’t be taken at face value,there is a lot he’s hiding underneath.
At nearly 80yrs old and in “retirement” allegedly.Even without immunity, who would want to drag him into court for no reason?
Supreme can’t let to be pushed around, we’re dealing with a criminal…
Zambian are very much aware of the machining going own in RB’s mind especially that he assisted the President in his campaigns. I feel the President should not be coesed in RB’s case, because it will dent his character and the integrit of the Party. We can continue to wield Pangas, but let not also cloth in Corruption regalias. GOD IS WATCHING US AT INDIVIDUAL LEVEL. RB is very much aware about his misdeeds the time he was at the helm, late President SATA was very bitter about those things, and it is the more reason RB was subjected to answering these charges. I do not want to see some one who is carrying the Late President’s mantle doing the opposite, he will definitely start turning in his casket. Let us try to live up to our own promises.
Rupiah is now in the safe hands. Edgar can’t prosecute him for he was financed by this corrupt man.hh can’t promise to continue prosecuting him if he wins since he has another Banda(andrew) who will help him amass votes from eastern.nevers is getting smaller by every month.the Post too can’t shout now since it is also standing on the land mine of ZRA/14 billion.I think Rupiah played his cards well.
Proverbs 11:11 NLT
Upright citizens are good for a city and make it prosper, but the talk of the wicked tears it apart.
The basis for the removal of immunity was evil, hatred and malice propelled by the Cartel.
Those court cases are all fake. the sooner Edgar removes these elements of evil the better.
The speaker, the attorney General are culprits in this case. Parliament proceeded to remove immunity even when the matter was in court.
Restore the immunity and move on.
In fact Lungu is delaying to remove these hazards.
There is one simple rule that President Lungu may want to observe:
“Remove the hazard or the hazard will remove you”
To me the 14 billion case involving the cartel is more important than persecution of RB on a deal which did not take place.
RB, man up and beat the charges in court if you are really innocent!
Trying to dribble the system through legal maneuvering just because you can afford powerful lawyers and have money simply makes you look even guiltier than you have led the country believe thus far.
It is rare, to impossible, for a court to rule against Parliament (another branch of govt) establishing any criminality. If the 80 MPs who voted to lift your presidential immunity met the legally allowable quorum to undertake such an action, no court will give you relief on that. THAT’S WHAT SEPARATION OF POWERS OF THE 3 BRANCHES OF GOVT WAS INTENDED TO WORK. Things such as impeachment, lifting of presidential immunity, and the like are constitutionally a preserve of our legislature.
Good luck RB!
@7 Yambayamba,
There is no Executive intervention here but a challenge to the Judiciary. These fictitious cases have lamentably failed to hold. They are expensive to the state and outrightly doomed. Point any any case taken before the courts against RB you consider is holding so far?
To save face, Mutembo may have to fall for his usually abused act of entering a nolle prosequi. That is of course if he is not found wanting by the tribunal soon. RB is a freeman of the world. The administration just gave in too much to hatred than common sense and the rule of law. Its time to reset for a better Zambia. These fishing expeditions are schemed by criminals to milk the country to the bone through useless processions.
@Senior Citizen: I am NOT talking about “Executive intervention” in this matter. My point is that RB can NOT ask our courts (the third branch of our govt) to give him relief on a decision made by parliament (the second branch of our govt) if such a decision was taken by a legally constituted quorum—THAT IS MY POINT!
Simply claiming that the 80 MPs who voted to lift his immunity constituted only a minority is no basis to grant relief. Also does filing a case challenging immunity proceedings ties Parliament’s hands from taking such an action? These are the issues our courts have to sift through.
However, my humble opinion is that RB is simply “fishing” for a way out of his legal limbo. If the charges are fictitious as you say, let RB prove that in court. Simple, right?
If he is innocent he can prove that in court of law. This is fair to all because citizen are jailed for simple case therefore it’s is write to say no one is above the law.
Proverbs 16:11-12 NLT
The lord demands accurate scales and balances; he sets the standards for fairness. A king detests wrongdoing, for his rule is built on justice.
Therefore is the Judge says he face the court it’s a fair deal for every including Mr Banda.
Where is Chikopa….Judge Chikopa? Anyone who has read a book ” The accusing finger” ? I don’t remember the story, but I think it worth reading it again!
Government for North Eastern Rhodesians by the NorthEastern Rhodesian will free Banda.We are watching its your time to enjoy our time will come.He who loughs last loughs the longest.
take this matter back to parliament……the same MPs , the 80, will restore RB’s immunity very fast!
Free RB and let him enjoy his retirement!!!let the Post’s Fred M’membe who owe us k14 billion face the law than RB who is going through this bcoz of hatred by Wynter Kabimba,a evil man!!!
Its payback time.RB saved PF and Lungu from proper humiliation from HH.Lungu will payback banda with freedom at the expense of the zambian voters.I feel sorry for Vodika Lungu in 2016.
@yambayamba when you engage a lawyer, they decide the best way to deal with a case. they are legal counsel. you have very little say as a client. your desire is for the nightmare to end full stop. mukasangwamo muma problems elo mukeshiba ba yambayamba. courts are not politics. many people in chimbokaila are innocent. very innocent but have been jailed on strength of hired witnesses.
Justice is for the rich who can hire expensive lawyers who use every trick in the book to defend their clients e.g, O.J. ” If the gloves do not fit you must acquit,” said O. J.’s lawyer. A number of convicted murderers were jailed on the basis of witnesses’ evidence but were subsequently released with the advent of DNA.
@basila: I am not sure what point you are trying to argue here!
Nonetheless, when you say:
1) “…[if] you engage a lawyer, they decide the best way to deal with a case”
Sure! And I don’t know where you got the impression that I am suggesting anything different.
2) “…they are legal counsel”
Duh…, that’s why you hire them! So what’s your point?
3) “…you have very little say as a client”
Well, I disagree with you here. You actually have plenty to say and how you want represented. You HIRED and PAY them for God’s sake!
4) “…your desire is for the nightmare to end full stop.”
Well yes, isn’t that the desire of every person who stands accused of any crime? So I have no idea why you think I see it differently.
Other stuff makes very…
True innocent people are sent to prison on frivolous and vexecious charges.Murderes are rooming the streets and Drinking beer.
Very soon Inonge, will have served as president(actings) more than the president himself!
hahahahahaha President Inonge Wina indeed has been in office longer than president Edgar Lungu.
RB is the man where is post which used to talk abt RB.thy ar scared of RB.bcoz if they talk 14bn is waitn ad zra issue nt yet clear.EDGAR LEAVE RB GOD WILL DEAL WITH HIM.THERE IS NO PEACE TO THE WICKD BIBLE SAYS.BT ALSO THE POST.ITS YO UNDERDOG NOW.U ONLY WRRY OF ANTHR WAR WITH HH.WORK HARD IF DONT U MAY OUT 2016.GUDLUCK PRESIDENT.
Ni Ya nyoko immunity??