FILE: Masebo arriving at the Supreme Court for the tribunal hearings

CHONGWE member of Parliament (MP) Sylvia Masebo will now be tried in the case of abuse of authority of office following the High Court’s decision to dismiss her application for judicial review.

Ms Masebo sought judicial review against acting Director of Public Prosecutions (DPP) Lilian Siyunyi’s decision to prosecute her on charges of abuse of authority of office.

High Court judge Petronella Ngulube refused to grant the application to Ms Masebo on grounds that the DPP has power to undertake criminal proceedings against anyone before any court regarding any case.

Mrs Justice Ngulube said the DPP cannot be directed by any person in the discharge of her functions except in cases which involve consideration of public policy.

“Article 53 (3) of the Constitution provides that the DPP shall have power in any case which he considers desireable to do so,” she said.

The court noted that the DPP cannot be subjected to the direct control of any other person or authority.

Mrs Justice Ngulube said Ms Masebo did not show how Ms Siyunyi’s decision to prosecute her had contravened or exceeded the terms of the law, which authorised the making of that decision, and that the application would require the court to exercise its discretion in her favour.

She said Ms Masebo’s case is not a proper case in which leave for judicial review should be granted and that the material availed to the court did not present an arguable case meriting the granting of leave.

Mrs Justice Ngulube said Ms Masebo had not raised any matters which, on face value, present impropriety on the part of the State, in particular the DPP.

“I am of the view that the applicant [Masebo] has not satisfied this court that there is a case fit for further investigation at a full inter parte hearing. This application fails and is dismissed,” she said.

8 COMMENTS

kabova November 10, 2015 At 8:05 am

Prosecute the woman. She thought she was on top of the world when she committed the acts that she is accused of.
Uwakwisano November 10, 2015 At 9:18 am

There is something wrong with Sylvia and handling power. She is always facing issues after being sacked and it seems that she never learns. Hopefully this time, she will take her lessons well, especially after some time in Chimbokaila or “Chimbos” as some call it.
Zamani November 10, 2015 At 9:23 am

This librarian Masebo should be locked up Tetamashimba talked about her corruption with ambulances he died a sad man…well this time you will remember your Zimbabwe origins Nkomesha cannot help you…..lock her up as you are doing for Anne Sinyangwe.
- Mphendula Kayaula November 10, 2015 At 1:53 pm
  
  Have you noticed how Nkomeshya enjoys feasting with the Lungus? It is almost as if she has abandoned Sylvia and her fancy dressing.
Owee pee November 10, 2015 At 10:42 am

I KNOW YU RE SICK ITS THE MEDICINE SHE HAS BEEN TAKING THAT MAKES HER DO THAT.DO NOT BE STABORBN WHEN YU KNOW YU ARE WRONG YU MULTIPLY THE WRONGS. FORGIVE HER PLZ
sad November 10, 2015 At 1:50 pm

Well and good, but what about one Mmembe, how does he manage to avoid such verdicts?
Chisenga November 10, 2015 At 3:08 pm

WHAT IS THIS? MUTEMBO NCHITO WAS SAYING THE SAME ABOUT HIS OFFICE AS DPP, BUT ALL HELL BROKE LOSE ON HIM. AND HIS CASE HAS GONE NO WHERE. NOW THE NEW DPP IS USING THE SAME REASONS. BUT NO HELL IS BREAKING LOSE ON HER. WHAT IS THIS? ANY WAY, WE KNOW. POLITICALLY MOTIVATED CHARGES ALWAYS GO THIS WAY. GOD BLESS MUTEMBO NCHITO. AND WE KNOW THE ILL-FATED TRIBUNAL AGAINST HIM IS GOING NO WHERE. AFTER ALL IT WAS CONSTITUTED TO GET RID OF HIM FROM THE OFFICE SO THAT RB CAN RUN LOOSE. AND IT HAS ACHIEVED ITS ILL INTENTIONS THUS FAR.
The great one November 10, 2015 At 7:54 pm

No one is above the law.