FORMER President Rupiah Banda has insisted that the decision to remove his immunity was illegal, null and void as it was based on wrong conduct by the National Assembly.
Mr Banda has since appealed to the High Court to quash the decision of the Director of Public Prosecutions to commence criminal proceedings against him based on an alleged illegal decision of the National Assembly to remove his immunity.
In his application made to High Court Justice Annie Sitali, the former head of state has sought an order of certiorari to remove in to court for the purpose of quashing the decision of the DPP to commence criminal proceedings in the subordinate court.
According to an application made before the High Court yesterday, Mr Banda cited three grounds of relief which included the illegality, conditionality and procedural impropriety in protest against the decision to remove his immunity and subsequent prosecution.
“The decision by the DPP to commence criminal proceedings against the applicant is illegal and null and void as the proceedings were commenced on the basis of an illegal decision of the National Assembly to remove the applicant’s immunity by departing from the Parliamentary Rules of Procedure with respect to the subjudice rule,” he said.
Mr Banda charged that the conditionality in the commencement of criminal proceedings was unreasonable to the Wednesbury sense which made it illegal, null and void.
He has asked the court to allow him file additional affidavits in support of the amended grounds.
President Banda is represented by a team of lawyers lead by senior counsel Professor Patrick Mvunga SC and Abyudi Shonga SC while the State was represented by a three member legal team lead by Solicitor General Abraham Mwansa SC.
Meanwhile, Ms Justice Sitali has granted an application for adjournment for the plaintiff to file a consent order in honour of previous discussions between the two concerned parties.
“I can confirm to this court that is most likely that Consent Order will be presented before your ladyship as the areas in differential have been resolved.
“For the aforesaid reasons we would like to ask this court to grant us an adjournment to facilitate the filling in of the Consent Order before you,” Mr Shonga said.
Responding to the application, Solicitor General Mwansa affirmed the sentiments from the plaintiff saying “that is the position as precisely put by my learned brother”.
RB, you are now just using technicalities to get off, you are guilty of corruption.
This is an insult to the late who wanted to see this man answer to the crimes he commited against the people ofd Zambia.
Shame on EL that he can fosake all the good work started by Sata all for a vote from eastern province.
As for PF MPs they are not fit for purpose because when Sata was around the support this move and now they are quiet just for the sake of keeping their jobs.
Sate should be spinning and not turning in his grave for this type of betrayal by EL and PF MPs.
Solicitor General Mwansa, please do not be too hasty! We can’t wrong our institutions just so a man who clearly did conduct himself in a dubious manner whilst in office can wiggle his way out of a prosecution.
There was an action conducted by Mr Banda which has put him in the way of investigation. The Office of The President must be impeccable. So what to do with this application on grounds given; illegality, conditionality and procedural impropriety. I think we deny the illegality and conditionality options and if on point of death, His Honour must (with great pain), go with Procedural. Because we can issue a new hearing to begin at the very beginning. Effect is still to punish Banda by having to go through it again!
Abraham Mwansa is working with ECL to free RB. Both of you will answer for this. We are not fools. Where did RB get the $1million? Abraham was also instrumental in trying to get rid of Mutembo in order to free RB. You will pay soon.
Arrest that thief chi ka la chakwe
Abraham Mwansa’s interests are compromised in this matter. I agree with RB, Wynter, Mutembo, etc rushed the process just to have RB in court.
For me the issue is why should one have immunity so they can steal. That’s why the impeachment clause in the constitution is largely useless. How do you prove a sitting president’s impropriety if he can’t be questioned.
RB one of the most corrupt presidents.From nothing,he amassed a fortune during his 3 year presidency,.he is a dirty old man with crooked and thieving minds
Why does he desperately need this nonsense? First of all no one should have immunity !
Does it mean the National Assembly is full of dull people who just removed the immunity of RB without thinking?
He needs immunity from what? What exactly is he trying to hide.
He is trying to hide the fact that he missused oil money from Nigeria meant for the Zambian people. He also considers everyone in the National assembly to be DUMB DUMBER DUMBEST…….
And one wonders why the MP’s in majority fume when there is a public statement that associate them to the fools of highest degree in the country
Mr RB has always seen himself as being above the law, even when he was a governor. It is the conduct of people like him which make people see the Presidency as being not fit for purpose. How can a man remove the abuse of office clause from statutes the moment he becomes President and then arrogantly comes back to claim that he is entitled to restoration of immunity? What does he think will happen after ECL, his sponsor, loses the Presidency? This nonsense has to stop. I believe that the judiciary itself needs cleansing, as it stinks. They stood up to MCS when he tried to bring in an outsider to conduct an evaluation, yet they allow the rot to set in when it comes to important constitutional issues. I know there many `Bandas’ in the system, but surely country comes first. Or is it the…
RB waba itole
Ai?
RB did not steal neither corrupt. Sata when in oppostion used lies to convince Zambians that RB was a thief when in fact is not the case. PF took him to court and failed to proscute him.
Oh come on Siame,RB stole big time,he is a big thief ,in a short time he got rich.What are you talking about,being a President is not about looting,it is about service
One of the biggest thieves who ever lived in State House. Please HH come and send this man to Chimbokaila for us