SOLICITOR-General Musa Mwenye says the High Court should not give former President Rupiah Banda permission to commence judicial review over Parliament’s decision to lift his immunity because the application is “hopeless”.
Mr Banda is asking the High Court to quash Parliament’s decision to lift his legal immunity. He has taken Government to court through the Attorney General.
But Mr Mwenye said Mr Banda’s application should be dismissed because it is “frivolous, vexatious and hopeless”.
This is contained in written submissions filed in the Lusaka High Court yesterday.
“It is crystal-clear or obvious that the applicant [Mr Banda]does not have an arguable case to warrant proceeding to a substantive hearing.
“This is a proper case that can be eliminated at an early stage by refusing leave to apply for judicial review because it is frivolous, vexatious and hopeless,” he said.
Mr Mwenye said the elimination of Mr Banda’s case at an early stage will “no doubt prevent the time of the court from being wasted”.
He said the court can only give Mr Banda permission to start judicial review if it is convinced that on the material available before the court, there is an arguable ground to grant the relief sought.
Mr Mwenye said there is no arguable case advanced by Mr Banda in the matter and the application should be dismissed.
On Mr Banda’s argument that Parliament should have conducted a full inquiry before lifting his immunity, Mr Mwenye said there is nothing in the Constitution which places an obligation on the National Assembly to conduct a full and proper inquiry.
“The submissions or suggestions by Mr Banda that the National Assembly is obliged to conduct a full proper inquiry into his alleged criminal allegations amounts to an attempt to introduce glosses or interpolations in the context and text of Article 43 of the Constitution,” he said.
On Tuesday, Mr Banda said the High Court should grant him permission to commence judicial review of Parliament’s decision to lift his immunity.
He said if allowed, the judicial review should act as a stay of the removal of his legal immunity.
This sounds more like insulting and pomposity than legal reasoning
WHEN A PICK POCKET IS CORNERED, DOES PROCEDURE MATTER WHETHER HE IS ARRESTED BY A FELLOW PICKPOCKET, CROWD, DOGS OR THE POLICE? STEALING IS STEALING. RB SHOULD SIMPLY EXPLAIN WHY THE SINGAPORE BANK ACCOUNT, CHAPWA, FINITO?
Lol! And this is supposed to be a legal opinion from Zambia’s Solicitor General? Hopeless character serving a hopeless government! Musa you are a perfect fit in Sata’s third rate government!
All RB is saying is that the right procedure should be followed. RB has not refused to be prosecuted. All he wants is for the right channels to be followed. If you start doing things in a dodgy way, everything will end up dodgy.
RB’s application for judicial review will fail as the SG has stated, the law is very clear.
Immunity is not a right but a privilege that can be taken away like has been done
RB abused immunity as a blank cheque to engage in activities that did not benefit the state but himself, his children and cronies.
I love the precedent we are setting for our country in fighting corruption at higher level of govt as its effects will easily trickle down to the grassroots.
What is wrong with this Solicitor General? I wonder if he is right in the head! the way RB’s immunity was lifted we all know was not right. Keep on wishing evil on the PRESIDENT FOR ALL ZAMBIANS and all that evil will be turned into many blessings. Viva RB!
nosence…………..
Brand new, what immunity are you talking about. a thief should not have immunity,even Former French President Sarkozy and former Italin president Barasconi were also charged for corruptions so who is R.B. perhaps you are also looking for immunity so that you can also steal. R.B,DORA,THANDIWE.HENRY and the rest plunderers should be locked up in a prison without windows for a long time .Pf should build a new dungeon type prison for these thieves surrounded by nile crocodiles and poisonous snakes all round their lock up room.
But Mr Mwenye said Mr Banda’s application should be dismissed because it is “frivolous, vexatious and hopeless”.
When you read the above extract you wonder why Mwenye is unable to see that this is exactly what is applicable to the PF’s lifting of RB’s immunity. “frivolous, vexatious and hopeless”. Surely how can an action by someone trying to challenge the legality of an act be labelled as “vexatious”? It is the originating action that can be deemed as such which is the case in the lifting of RB’s immunity.
What investigation was done on the late Ex-President Chiluba’ s prior to his immunity being removed? answer evidently none!! Was he given chance to defend himself before immunity was lifted? Answer No. So what is Banda’s argument and relevance if precedent has been made before by the same Parliament! SG’s main point is parliament is not subjected to pursue concrete investigation before immunity is lifted – all it takes is a motion being presented by one of the members and a vote takes place then passed and that’s it – immunity is removed. I don’t believe the court can stay the passing of removal of immunity done by parliament just as parliament can not reverse a court judgement once passed
Contd from 9. The 2 are independent of each other and cannot be seen to be interfering. On the other hand, the SG should have chosen his words carefully instead of playing to the gallery by using those useless words to describe Banda’s submission. He should just get to the point and on a point of law make his position known why the case must be thrown out.
Meanwhile, Ex- President Banda must have millions of $ stashed away to afford all those top gun lawyers defending him. Where did he get this money from when we all know that the man was poor farmer with hardly anything to his name when he was made Republican Vice President. So within 4 years of his working in the top 2 jobs of Zambia is it possible that he could have genuinely amassed this worth from income alone based on salary?
Contd from 10 – I doubt it very much. Recall back in the 1990’s when some of these lawyers defended President Kaunda in court on the initial understanding that they were providing a free service only later to demand some very high figures as payment – I believe none was paid in the end. So on that note I can assume that these lawyers are expecting to be paid and they are 4 of them, which must be serious hourly charges as you know lawyers charges can render you bankrupt – ask Richard Sakala who ended up defending himself in court after having some disagreement with his lawyers – guess disagreement was none payment of the lawyers charges. So where is Banda getting the money from? Let no one suggest pension money because it is inadequate to cover the lawyers fees
Fake SG and very dull indeed.He sounds like a political cadre.
@Voice of Reason – perhaps he presumes he is innocent and thus will recover the costs from the state. That said it does seem to be overkill to have an army of lawyers on tap.
Well said Voice of Reason. Passed by the Mvunga residence last month when I was in Lusaka and there were serious renovations going on. So the man must be paying. And am sure Mvunga learned a lesson from the Kaunda saga.
Let RB answer to the allegations. France and Italy are also prosecuting their former presidents. Who is RB then?
Peace and Prosperity to Mother Zambia.
@9 It’s called ‘procedure’ and it has to be followed, otherwise it will be chipante-pante. Don’t tell me you want that in the government of laws (10 commandments).
Someone mentioned that a pick pocket can be arrested by anyone coz what matters is the offense and not the way they can be arrested. True but are u sure u have never heard of mob justice? Why do the law enforcing agencies need to seek permission from Presido to go for his ministers?
If Banda is clean, why trying to challenge his immunity removal!!!! Surely, I smell a rat!!!!
First of all MALIKOP the former Italian President is not Barasconi but Berlusconi, get your names right! Secondly I will tell you who RB is if you don’t know as you state. He is the President for all Zambians. If you are educated which I dought very much, start reading about our beloved country and see how fast our economy is going down since this newgovernment took over! Don’t just write nonsence because you are a PF supporter! RB will never be locked up.
If u’re a cop, it doesn’t matter whether I have a case or not. Trying to push me around without following normal, outlined and legal procedures will just not be tolerated!! So whether RB has a case to answer or not, follow procedure else u’ll be haunted by yo precedence.
So RB is saying that parliament should investigate him and not ACC? when was the law Changed to allow for that? was Chiluba investigated by parliament before the removal of his immunity? come on RB, be a man and answer the questions in court. we told you to keep your dirty wrikled old hands away from our treasury but you did not listen. just plead guilty and pay back and then go back to your farm oh sorry prison.
Bushe is he still in the bak?
@ Brand New don’t throw stones if you also live in a glass house..ati I dought…hehehehe its DOUBT…eish
@Big L. Add to that ‘newgovernment and nonsence’. Awe mwandi
I have just been reading a selection of some African newspapers online. Only to realise that the world has indeed been reduced to a single global village. Through their popular newspapers, “The Namibian”, the entire SADC region is being well informed the current ‘graft trial’
I have just been reading a selection of some African newspapers online. Only to realise that the world has indeed been reduced to a single global village. Through their popular newspapers, “The Namibian”, the entire SADC region is being well informed the current ‘graft trial’ linked to our former President Rupiah Bwezani Banda.
In this regard, Sata’s PF government has been placed on the limelight in the SADC region and Africa for its atrocities being inflicted against Sata’s perceived political enemies. We wonder as to which African country Sata’s family, including Mutembo Nchito, Wynter Kabimba, Fred Mmembe, Musa Mwenye, Dr. Mahtani, Silvia Masebo, Catherine Namugala, Major Kachingwe, will lean on when civilisation, the rule of law and general normality will be restored in Zambia.
No where, some of them may be dead by then, not that I am wishing them to !!
Coming back to RB argument, well its baseless, Chiluba attempted to have his immunity restored …was it> how did it go, I lost track, but I doubt if it was restored. he died without immunity, after all in heaven your as as naked as you came on earth.
Rb should chill and eat his money slowly. Or could plead guilty and return part of the money. I think Mwanawasa did advise Chiluba to return some money about 1/2 or 3/4 and be let free but being stabon, he refused and it was when the immunity was removed. RB, my advise is plead guilt and return some money , get your retirement and eat you money with the family ba nampundu
Those of you who are condemning Mwenya are dull chaps with no brains.Concalves you are the most useless blogger on this site.The Parliament was right to remove RB’s immunity.You should blame those MPs that left insteady of voting against the removal of RB’s immunity.They acted like cowards and chose to run away insteady of fighting against what persived to be wrong.Mwenya is a lawyer and I am sure some of you just sweep streets nokusunga utukote in the diaspora.Give respect where it is due and let the law take its course!!