
ATTORNEY-GENERAl Mumba Malila has asked the Lusaka High Court to dismiss LAPGreen Networks Limited’s application to compel Government to reverse its decision to unilaterally take over 75 percent shares in Zamtel.
And High Court Judge Albert Wood has ordered the transfer of LAPGreen’s matter from the commercial list to the general list because the case does not involve business transactions, as it is about a judicial review.
LAPGreen has applied for judicial review before the High Court and is seeking an order of mandamus (a command) to compel Government to reverse its action of unilaterally taking over 75 percent shares in Zamtel, which belonged to the Libyan telecommunications company.
The company is also seeking an order of certiorari to urge the High Court to quash the decision by Government to unilaterally and unlawfully reverse the sale of 75 percent shares.
But Mr Malila said: “There is nothing exceptional about this case which would justify the applicant (LAPGreen) to commence this action without exhausting the procedure provided for under section 5(2) and 11 of the Lands Acquisition Act.
“Our contention is that this is an attempt by the applicant to disrupt the administrative process. In short, this action is prematurely before the court and it should, therefore, be dismissed with costs.”
He said this in the skeleton arguments in opposition to summons for leave to apply for judicial review by LAPGreen Networks Limited filed in the High Court on Wednesday.
He said LAPGreen has rushed to court without first exhausting all the procedures laid down in the Lands Acquisition Act.
The Lands Acquisition Act requires the claimants to lodge their claim with the minister and to present any claim to the court, only within six weeks after the publication of the notice in the Government Gazette.
Mr Malila said LAPGreen rushed to court even before the publication of the notice in the Government Gazette, contrary to the provisions of the law.
He said it is only after such procedure has been exhausted that LAPGreen can commence proceedings before the court.
Mr Malila said Government followed the right procedure when it acquired the 75 percent shares in Zamtel, contrary to LAPGreen’s claims that its action is illegal.
The Libyan telecommunications company is also seeking an order of prohibition to prevent Government from interfering in the 75 percent equity interest of LAPGreen in Zamtel.
It is also seeking a declaration that the procedure by Government to reverse the sale of the 75 percent shares in Zamtel was unfair, contrary to the rules of natural justice and unlawful.
LAPGreen is also seeking a declaration that the report by the investigations committee (Commission of Inquiry) which Government based its decision to reverse the sale of Zamtel on, is not binding and is unlawful because the committee was not appointed according to the Inquiries Act.
This is according to a notice containing a statement in support of ex parte application for leave to apply for judicial review filed in the Lusaka High Court by Corpus Legal Practitioners on behalf of LAPGreen on Wednesday.
[Zambia Daily Mail]






























