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Rupiah Granted Leave for Judicial Review Over immunity
Former president Rupiah Banda has been granted leave for judicial review following Parliament’s decision to lift his legal immunity from prosecution.High Court Judge Annie Sitali granted leave for judicial review noting that procedure was not properly followed in removing the former president’s immunity.
Eighty members of parliament voted in favour of lifting Mr Banda’s immunity with three voting against and four MPs abstaining, while some opposition members of parliament walked out in protest.
Judge Sitali in granting leave ruled that there was a precedence in the courts of law that matters before the courts cannot be heard by Parliament or any other body until they are disposed off.
Speaker of the National Assembly Patrick Matibini in his ruling in parliament on a point of order raised whether it was in order to debate the motion on the removal of Mr Banda’s immunity said Parliament had its own rules of procedure.
Mr Banda’s lawyers had argued that the decision of the National Assembly to proceed to remove his immunity on a simple majority of 80 out of a total of 158 MPs was illegal and irregular.
They had further contended that that the decision to move the motion without due and proper inquiry as to whether the allegations presented as grounds constituted acts performed in his personal or office capacity was illegal and irregular.
The former President also contended that it was unreasonable for Speaker Matibini to proceed with the motion notwithstanding that a petition challenging the state’s intention to lift his immunity had been filed at the High Court and therefore subjudice.
Source QFM
Posted by
Cycle Mata
April 12, 2013 at 2:21 pm
heads will roll..wait and see!
bo xie xilai
April 12, 2013 at 2:25 pm
Comedy of errors at its best…nkalaloleshafye mayo ine!
callboy Lusaka
April 12, 2013 at 2:41 pm
we are watching….
ZNN
April 12, 2013 at 2:55 pm
SHREK!
Sheep Skin
April 12, 2013 at 3:41 pm
so whats the way forward? does he get his immunity back?
Joseph Mumba
April 12, 2013 at 3:42 pm
80 out of 158? This is corruption. My prayer to God is, let the court give the nation directions on this matter.
hm
April 12, 2013 at 4:18 pm
At least, the high court has acknowledged the mistakes made by Parliament. Parliament has the same standing as the judiciary and any matter that is sitting with another arm of government should be left to be dealt with accordingly. Besides, parliament makes the laws while INTEPRETATION OF THESE LAWS IS THE PRESERVE OF THE JUDICIARY. So matabini must RESIGN for failing to follow procedure.
bimbo
April 12, 2013 at 5:31 pm
The “character” does not get his immunity back the way Chiluba never got his back after that fictitious acquittal engineered by RB and his corrupt judges. This is all purely an academic exercise!
ONETIME RELOADED
April 12, 2013 at 6:32 pm
Its been long pa tumfweko..back to the post wat i can say is that rupiah chikala libolo
MALOZA
April 12, 2013 at 8:15 pm
RB=1, PARMA-FEE PARLIAMENT=0
mundu
April 12, 2013 at 10:26 pm
There is independence of bodies, the courts decision is mere interference in the affairs of another independent body. Such a precedence would lead to overturning of so many other decisions made in parliament. Removing immunity of a former president is a privilege of parliament, not courts!
MJ
April 13, 2013 at 9:39 am
WHAT ABOUT FINTU AIBA SO ITS TRUE WE HAVE SETS OF LAWS FO POOR AND RICH .WY DOES HE CHALENGE HIS IMMUNITY IF THERE ARE ACCUSATIONS LET HIM ANSWER INE NGANAIBA NANGU NIKA BAMBA ITS STILL THEFT
Dr. Makasa Kasonde (Privatea Citizen)
April 13, 2013 at 9:49 am
The Zambian version of Separation of Powers does not necessarily authorize the Judiciary to direct Legislature. Nor vice versa. The American model does. Here in Zambia, the internal power struggles ought to be resolved through elections. If PF led legislature is incompetent, then the electorate will say so come election period.
isaac
April 13, 2013 at 12:22 pm
At least Rupiah’s immunity was lifted, Dr Kaunda was investigated and arrested without the parliament or judiciary removing his immunity.Now Zambians what the complaint? Let Rupiah face the law.
Sheep Skin
April 13, 2013 at 3:15 pm
yes i agree with u
Livay chakulya
April 13, 2013 at 12:59 pm
Why should Parliament which is made up of elected representatives of the people of zambia be subjected to controls and regulation by un elected judges?in the courts of zambia.
if Rupia is innocent why is he contesting the immunity and attempt to run away from charges.Let him clean his name by explaining those transactions where his sons benefited financially and not my grand mother and father at my village who are also zambians like his sons.
KAMAMBA
April 13, 2013 at 5:54 pm
Fellow Zambians, Zambia is a Christian Nation and we need to behave like Christians too.
There is time for everything and for each citizen to be forgiven and put hatred aside.
If Rupiah Banda made mistakes in his ruling then give a proof and show him were he went wrong.
We should pray for him and for the present leader not to fall in the same way but learn to forgive those who have made mistakes.
Thank you
Deja View
April 13, 2013 at 8:41 pm
Has this man committed some serious crime for him to be panicking like this? If I were him I would let justice take its course, that is if he is as clean as I am
nshilimubemba
April 13, 2013 at 9:39 pm
This guy must be corrupt to the bone why is he somuch in a hurry zambians must learn lessons from such characters see how he has been behaving now it is the whole world deffending him but who will deffend the poor againist such cruel characters
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