
THE Supreme Court has set February 11 for the ruling in a preliminary matter in which former President Frederick Chiluba is challenging the enforcement of the London High Court judgement in the Zambian courts.
In the preliminary matter, Dr Chiluba, through his lawyer John Sangwa, is questioning whether the Zambian laws allow for a foreign judgement to be enforced in the country.
Dr Chiluba appealed to the Supreme Court after High Court judge Evans Hamaundu refused to hear the preliminary matter, stating that the court could only hear the issue together with the main case.
The former President is asking the Supreme Court to make an order to force the lower court to hear the preliminary matter.
The bench comprised Deputy Chief Justice Ireen Mambilima, sitting with justices Dennis Chirwa and Sandson Silomba.
Mr Sangwa told the court that he will rely on the heads of argument as grounds of appeal.
Solicitor-General Abyudi Shonga also submitted that he will rely on the heads of argument.
Two years ago, London High Court judge Peter Smith reduced damages against Dr Chiluba to US$57.4 million from the US$58.3 million he was earlier ordered to pay the Zambian government in connection with the Zamtrop and BK conspiracies, and for the breach of fiduciary duty.
And the case involving Minister of Education Dora Siliya has been adjourned to February 17, 2010.
The appellant’s lawyer, Bonaventure Mutale, told the court that the record of appeal was incomplete and asked for more time.
A tribunal was appointed to probe alleged breach of the Parliamentary and Ministerial Code of Conduct Act by Ms Siliya at the time she served as Minister of Communications and Transport.
Ms Siliya was found with no case to answer on all the charges, which judgement former Minister of Communications and Transport William Harrington is appealing against.
Meanwhile, the matter in which directors of the defunct Access Financial Services Aaron Chungu and Faustin Kabwe have appealed against a High Court judgement in which they are seeking the disclosure of a memorandum of understanding between the Task Force, Government and donors comes up on February 17, 2010, for hearing.
[Zambia Daily Mail]