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DPP:Stop Rupiah Banda’s Case
The Director of Public Prosecution (DPP) has asked the Supreme Court to stop proceedings in the magistrate court in which former President Rupiah Banda has sued The Post Newspaper and its proprietor Fred M’membe for defamation until determination of the appeal.
This is according to ex-parte affidavit in support of summons to stay proceedings of the subordinate court filed in the Supreme Court by the State.
The State contended that it is dissatisfied with the High Court decision to quash the decision of the DPP to take over the prosecution of the case.
They further stated that constitutional questions concerning the powers of the DPP have arisen which require the Supreme Court to address.
It was also argued that in view of the serious constitutional matters that have been raised, the proceedings in the magistrate court should be stayed because if that is not done, the appeal may be rendered academic.
The DPP appealed against the High Court decision by Judge Chalwe Mchenga, who quashed the State’s decision to take over proceedings in which Mr Banda has sued Mr M’membe for defamation saying the court erred in law when it extended article 18 of the constitution to Mr Banda when it applies to the rights of an accused person.
They further said that Justice Mchenga erred in law when he held that under article 56 of the constitution the DPP needed to show that the takeover was in public interest, the constitution does not state so.
Posted by Kunda
on March 5, 2015. Filed under LATEST NEWS.
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MCCM
March 5, 2015 at 8:40 am
kabiye uko naiwe chi DPP uletumfwisha ubunangani
Common sense is not common!
March 5, 2015 at 8:42 am
amasushi yeka yeka
wapya aisa
March 5, 2015 at 10:10 am
ANIMAL FARM
wapya aisa
March 5, 2015 at 10:12 am
ANIMAL FARM BANE
chikumbutso banda
March 5, 2015 at 10:24 am
pa bwato!! pipo with no vision voted for this mess
shuvan kafuwe
March 5, 2015 at 11:43 am
HOPELESS dpp /.//.//././
The redeemed
March 5, 2015 at 11:56 am
Pls leave the bigman alone . He has suffered enough persecution .ba mutembo your carrear will reach a dramatic end ,its too much of your hatred and I heard that you go to church does yourchurch teach persecutions like Saul ?
New Educated Zambia
March 5, 2015 at 12:03 pm
The law is the law. This is what you have all co-signed in your consitution and have also co-signed a useless party that is taking you for a ride and dragging their feet in undertaking a referendum on the constitution. Please let us vote UPND to ensure fair justice for all. A constitution that will cater for all zambians whether poor or rich. A constitution that all zambians will have a say in. How long have we being singing this song bane? The courts in zambia have become a playing field for monkeys and rats. Let us bring back insanity by voting the UPND in
New Educated Zambia
March 5, 2015 at 12:34 pm
sanity*
shocks
March 5, 2015 at 12:31 pm
the dpp knows exactly what serious cases lungu & friends in pf have committed in the passed 3 yrs, hence lungu’s toothless. However, soon lungu has to choose btn RB & Nchito. Zambia is a dirty country to live in. Ati christian nation when busy doing dirty things- marubbish!
Shimapuli
March 5, 2015 at 2:24 pm
It is now the DPP’s time to taste his own medicine.He has persecuted so many people,especially the time he was in the task force.
Twaba Babili
March 5, 2015 at 7:43 pm
Lets just find who can give us a constitution so that a Law can be called LAW.
Abana Bansansa
March 6, 2015 at 5:19 am
NEZ…upnd upnd every day,nanomba tamwasumina atimwalilusa?