THE State has appealed to the Supreme Court against the Lusaka High Court’s decision to grant former republican President, Rupiah Banda, leave to commence judicial review to challenge Parliament’s decision to lift his immunity.
The State has also indicated to the court its intention to make an application to have the judicial review proceedings stayed pending the determination of its appeal by the Supreme Court.
This is in a matter in which Mr Banda has challenged the National Assembly’s decision to lift his immunity so that he could face criminal charges allegedly committed during his tenure of office.
High Court Judge Annie Sitali has since granted Mr Banda a go-ahead to commence proceedings to challenge Parliament’s move but the permission would not operate as a stay to the criminal cases and investigations the former Head of State is facing.
But when the matter came up for interparty hearing in Ms Justice Sitali’s chambers yesterday, one of Mr Banda’s lawyers, Abyud Shonga told the court they were ready to proceed but had received a notice of appeal from the State against the decision by the High Court to grant his client leave to commence judicial review.
Mr Shonga however sought guidance on whether the appeal would operate as a stay because the same could have an effect on whatever proceedings were ongoing.
“We are reluctant to proceed given the existence of the appeal but I have been advised by the State this morning that they will seek to address the court on that aspect,” Mr Shonga said.
Comfort Mulenga from the Attorney General’s Chambers later told the court that on April 18, 2013, the State filed a notice of appeal in the Supreme Court challenging the High court’s decision to grant Mr Banda permission to commence judicial review for the removal of his immunity.
Eric Silwamba, also Mr Banda’s lawyer said his team had no objection to the application to have the matter adjourned pending an application by the State to file for an application to have the judicial review proceeding stayed pending the Supreme Court’s ruling.
Ms Justice Sitali has since adjourned the matter to May 2, 2013.
This case will drag on for a long and end up like the FJT corruption cases. As much as we need to prosecute RB we should also think of the resources being wasted over such a case. The most important thing we need to do in Zambia is to have laws that bur presidents from accessing state coffers, the fact that they are able to deep their hands in the state coffers, we will have these cases every time one leaves the office of the president.
I am just a layman not a Lawyer. Commomn sense should prevail in RB’ss case. Those Lawyers representing RB are wasting their time by sueing Parliament. I think it is not possible to sue the highest house in the land where Laws are made. courts can only refer back a bad law for amendment. The decision elected members is above any court in Zambia.
Yes you can sue the highest house!you can challenge the government if you think you have been treated unfairly(which is what RB has done).Thats why democracy exists.If you didnt have this right, the govt would be free to do whatever they wanted with you.Zambians get mistreated alot becoz they dont know their rights(a point you have proved by the nature of your question alone…)
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Maxwell the highest institutions are useless without the courts
any action by parliament can be challenge even by me if i don’t
think it’s fair. the worst thing the State did was rushing the case
without clearing all the necessary huddles, now they have to challenge
these huddles. RB was given a go ahead now the state have to prove a lot
of things which can weaken their case
Ala Bee is foolishly wasting his stolen loot the ****, a rich chap like Michael Jackson had a lot of lawyers and ended up going in to his grave stressed and broke.