
CHIEF government spokesperson Kennedy Sakeni says Attorney General Mumba Malila was not served the court order allowing the United Party for National Development (UPND) to hold a rally on time, hence the decision by police to cancel the public meeting set for last Sunday.
Mr Sakeni said police were not party to the court action and service on them was irregular.
“As a government, we fully support the impartial manner in which the police handled this matter,” Mr Sakeni said.
Mr Sakeni, who is also Minister of Information and Broadcasting Services, said the order in question was not served on the Attorney General Mumba Malila as the respondent on September 7, 2012 when it was made but instead it was served on the Zambia Police Service on Saturday September 8, 2012.
“As matters stand, the police were not party to the court action and service on them was irregular. The Attorney General was likewise not properly served in time for him to advise the police.
The whole service process was fraught with irregularities which made the observance of the order difficult,” Mr Sakeni said.
The minister said the UPND should have served the order on Mr Malila on a working day.
[pullquote]The order reads: “The court further directs that all decisions, proceedings now being challenged, including the decision to cancel the rally of the 9th September, 2012, be stayed until after hearing of the motion for judicial review herein or until further order and that the said rally go ahead.”[/pullquote]
Mr Sakeni said under the rules, service cannot be done on Sunday, Good Friday and Christmas day only, but also leaving a copy at the office of the Attorney-General on a Saturday afternoon or delivering a copy to the Attorney-General’s house after 21:00 hours on Saturday, is technically irregular.
“I wish to state that both the Attorney-General’s office and the Zambia Police respect any court order which is regular on the face of it, irrespective of whether they agree with the order or not. Such order must, however, be properly served on the right party and in the right manner,” Mr Sakeni said.
The minister also said since the matter is a judicial review, the police “should have been made party to the action because they made the decision and the order was directed at staying their decision.”
But LAZ president James Banda described the police action as a breach of law.
Mr Banda said LAZ is deeply concerned with police action which he described as intolerant.
“LAZ wishes to remind all stakeholders in the governance of our country, including the executive, that the right to freedom of assembly and freedom of association are inalienable and sacrosanct and that the same are guaranteed in the Bill of Rights as by the constitution,” Mr Banda said
He said every citizen has the legal duty to respect and implement the decisions of the courts, adding that the route taken by the police was wrong.
Police notified the UPND that they were unable to be at their rally due to a shortage of manpower.
The UPND went to court and obtained an ex parte order for leave to apply for judicial review on Friday.
The order reads: “The court further directs that all decisions, proceedings now being challenged, including the decision to cancel the rally of the 9th September, 2012, be stayed until after hearing of the motion for judicial review herein or until further order and that the said rally go ahead.”
[Daily Mail]













