FORMER president Rupiah Banda has told the Supreme Court that he is concerned with the long period it is taking to conclude the matter concerning the removal of his immunity.
Mr Banda said this through his lawyer Professor Patrick Mvunga when the matter came up for hearing on Thursday before a full Supreme Court bench led by Justice Marvin Mwanawambwa.
This was after Solicitor General Abraham Mwansa applied for adjournment of the matter to acquaint himself with the case.
“I have concerns of the period this matter has taken, I don’t expect this application but we have no objections. Just as the Solicitor General explained, the matter was under the former Attorney General,” Prof Mvunga said.
Mr Mwansa said he was not aware of the matter until Thurday morning and that it was not possible for him proceed with the matter which was under the former Attorney General Musa Mwenye.
He said the last time the matter was heard, fundamental and constitutional issues which require serious attention arose.
“Unfortunately, I was only advised that the matter is coming up today (Thursday). I didn’t have time to acquaint myself with issues raised.
It is in this vain that I seek your indulgence to adjourn the matter so that I can go through the heads of arguments that both parties have filed in court so that I can understand them,” Mr Mwansa said.
He said he assumed the office late last year and that before that time it was being handled by the former Attorney General and that an adjournment of 21 days would be fine for him.
Mr Justice Mwanamwambwa said the reasons advanced for applying for an adjournment were strange. “I grant your application for an adjournment.
However I find those reasons strange,” Mr Justice Mwanamwambwa said.
The judge set April 2 this year as the date for trial of the matter.
According to Mr Banda’s appeal, the court below erred in law and in fact when it ruled that the leave will not operate as a stay of the decision made by the National Assembly to remove his immunity.
Last week, the State asked the Supreme Court to dismiss with costs of Mr Banda’s appeal where he is challenging Lusaka High Court’s refusal to grant him a stay of the decision by National Assembly to strip him of his immunity.
The Attorney General’s Chambers submitted that High Court judge Annie Sitali did not err in her ruling. It argued 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 is therefore, our prayer that this ground of appeal be dismissed with costs,” the Attorney General’s Chambers said.
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 the applicant related.
“It is our submission that this order gives discretion to the judge whether or not to grant a stay of the proceedings to which the application relates.
A proper reading of the order [cited above] clearly demonstrates that the court has the discretion to grant a stay or not and that it is not mandatory as it depends on the discretion of the court.”
Why is PF messing their 17 months rule like this?
Anyone who wants Immunity, just live in DIASPORA….LMAO
The head bandit RB . While guess you are already a free man since Zambians like presidents who steal and don’t care about the country . Now Zambia is asking money from Europe so that lungu and his follow bandits can steal . Your son Henry Banda was the most wanted person 8 months ago now since sata is dead not even high court cares . William Banda stole money and was arrested trying to cross into Malawi know one cares . Laito dug a pit at his farm with billions of Kwacha know cares even sata never cared . Mulenga sata from selling dogs 6 months after his father become president and boat a very expensive car . Know one cared . We are tired with selfless , foolish , dull and thief presidents . So the barlostland agreement is not valid anymore . RSTA William nsanda busy stealing millions
Mr Justice Mwanamwambwa said the reasons advanced for applying for an adjournment were strange. “I grant your application for an adjournment.
So why grant the application?
BREAKING NEWS !!!!
PF PRESIDENT RB IS ASKING YOU PF CADRES JUDGES WHY YOU ARE TAKING SO LONG TO GIVE HIM BACK HIS IMMUNITY WHEN IS RULING YOU .
BA KOSWE IMWE GIVE BACK JOHN WHITE KAPANGA IMMUNITY
WHEN HES YOUR PRESIDENT WHO TOOK OVER FROM SATA WON ON 20TH JANUARY THE ELECTIONS AND ALUTA CONTINUA WHERE HE LEFT FROM 2011.
.
PRESIDENT RB PF PRESIDO WANTS HIS IMMUNITY SELFISH OLD MAN WITH SHRUNKEN MA TOY LAYS .
EDGAR AND PF THIS MAN HAS COME TO DESTROY YOU THE WAY HE HAS DESTROYED MMD .
D MAN IS EVIL EVIL INDOSHI ,WITCH.
PAMENSO KUFINA
It seems RB wants to go to jail quicker than the courts.
Firstly, the courts should prove beyond reasonable doubt that RB is guilty or innocent. Otherwise court cases follows procedures.
So if they hurry and find RB guilty, the quicker to send him to prison and make sure he with his mercenaries pay back the moneys they have embezzled from the majority poor Zambians.
RB should chill and let justice take its course without interruption of rushing court procedures just to suit his selfishness and greediness.
In fact, the earlier RB is found guilty the better, otherwise his son Henry Banda has been on the run for over 3 years. Why? Only the guilty are scared of their own fearful shadows of fraudulent activities.
The Skeleton Key
~206~
Reinstate his immunity
How does a criminal complain to the court/s about the length of time it is taking to conclude his ‘matter’???? can regular Joe do the same?
EL needs to detach himself from RB’s umbilical cod before its too long. RB is a kamikaze, a care free old man who’s got nothing to lose, he’s got no legacy nor integrity to protect. It would be fo.olish for EL to risk his presidency just because RB campaigned for his for 2 weeks.
Its animal farm other animals are special than others. Where is General Kanene and where is George Mpombo & Steven Masumba. Its a lie when u read that all animals are equal.
May one kindhearted man or Dr. mushota explain to me the differences in terms of functions among the following?solicitor general,dpp and attorney general.
batata revise your civics grade 9 or google or refer to the dictionary. ifintu tafyashupa , mweba shuupa nimwee…
Banda should be locked up, he is a nuisance.
@ ganga farmer just Google the functions of whatever yu want to know. Why trouble someone to Google it for you. Lazy full, or is it dull full.
Shrek jus relax
Zambians don’t care even if he stole $ billions . FTJ stole millions not even a single day in jail , people voted for lungu and knew that RB stole money and campaign for LUNGU. So do you think lungu can lock him up ? While barlostland agreement is not valid anymore .
@yobo 13, 13 please its not everything you can get from google.you can’t tell me that the queen/king of england has same functions like queen/king of Barotse or saude arabia just because they have simillar titles?a university in USA is used for research while in Zed NO. .I believe an insult is not an argument.people who fail to debate resort to insults.
Edgar Lungu is a smart president I am beginning to see. His choosing Mambilima was strategic. Rupiah Bandas cases shall be handled with a slow pace; once Lungu is fully in stable CABINET mode, RB shall be dropped like a hot potato.
Is this when you are seeing that Mambilima’s appointment was strategic? Welcome to clairvoyance.
Problem is see on this issue is that people want to prejudice Mr. Rupiah Banda even before his case is heard. If you are going to strip him of his immunity let’s accord him full constitutional rights of not guilty until proven so by the courts of law. It’s like Banda should be sentenced to prison regardless how the prosecution and the defense present!
Abena Zambia muchinje ulupato!
Why do these guys have immunity when its going to be lifted anyway.
In argentina alberto nisman had drafted warrants of arrest for fernandez-kicherner(sitting president) before he was killed.
Point being our guys should respect the law while in office and not hide behind immunity.
H.E. ECLs partnership should decline as soon as possible before all the voters detach themselves from voting him.
His partnership with Rupiah Banda has made him very unpopular.
He needs to realize this before 2016 catches up with him.
H.E. ECLs partnership with unpopular Rupiah should decline as soon as possible before all the voters detach themselves from voting him.
His partnership with Rupiah Banda has made him very unpopular.
He needs to realize this before 2016 catches up with him.
This is Zambia and the reason we will never move forward because we tolerate criminals and justify their behaviour. This is what we are teaching our children and the children’s children of future generations. When they grow up as criminals and kill you and your relatives…. remember that you harvested this.
Things will soon be okay for RB. Lungu can never arrest RB no matter what! Not after what he has done in getting him to plot 1. Can’t you see now Henry is wondering freely in Zambia and actually enjoying holidays with Lungu … Wake up my dear brothers and sisters. It is business as usual. Umoze kumawa. Ifintu ni Lungu, boma ni RB.
Banda is such a big disappointment; how could he sell his pride just to get immunity
I’ve lost the plot with this man!!
The only negative I have for our Blessed PRESIDENT IS…….BANDA, what a ‘card’ this man is. A very regular tool!
Please President Lungu, a good man does NOT consort with criminals. It’s not just that Banda could be found guilty it’s just that he has an unfortunate manner. He clearly means to use his connection to State House to help his case.
He is not needed for Eastern Province in 2016. Drop him. He IS A
YES! Mwanawakwitu!!!!!
The process should have its wheels fixed so that it may move fast because 2016 is scary!!!
The future is an certain,you never know PF can mess up and the Apongo can surfer the consequences. Add some more speed to the process se tikacite enjoy ndalama zantu bati!!!
RB seems to be a desperate man & that gives the impression of someone with something to hide. If he was clean, instead of fighting for immunity, he would fight for courts to clear him of any wrongdoing then immunity would follow naturally.
Could the firing of Mwenye Musenge been also strategic by replacing him with this Mwansa?
Correction.
Could the firing of Musa Mwenye been also strategic by replacing him with this Mwansa?