CHONGWE member of Parliament (MP) Sylvia Masebo will now be tried in the case of abuse of authority of office following the High Court’s decision to dismiss her application for judicial review.
Ms Masebo sought judicial review against acting Director of Public Prosecutions (DPP) Lilian Siyunyi’s decision to prosecute her on charges of abuse of authority of office.
High Court judge Petronella Ngulube refused to grant the application to Ms Masebo on grounds that the DPP has power to undertake criminal proceedings against anyone before any court regarding any case.
Mrs Justice Ngulube said the DPP cannot be directed by any person in the discharge of her functions except in cases which involve consideration of public policy.
“Article 53 (3) of the Constitution provides that the DPP shall have power in any case which he considers desireable to do so,” she said.
The court noted that the DPP cannot be subjected to the direct control of any other person or authority.
Mrs Justice Ngulube said Ms Masebo did not show how Ms Siyunyi’s decision to prosecute her had contravened or exceeded the terms of the law, which authorised the making of that decision, and that the application would require the court to exercise its discretion in her favour.
She said Ms Masebo’s case is not a proper case in which leave for judicial review should be granted and that the material availed to the court did not present an arguable case meriting the granting of leave.
Mrs Justice Ngulube said Ms Masebo had not raised any matters which, on face value, present impropriety on the part of the State, in particular the DPP.
“I am of the view that the applicant [Masebo] has not satisfied this court that there is a case fit for further investigation at a full inter parte hearing. This application fails and is dismissed,” she said.
kasantana
November 10, 2015 at 8:14 am
Bola wakosa,just tell the truth in court madam,others will follow after 2016
peters
November 10, 2015 at 8:26 am
Just leave this woman to nature. Its not always good to think you are better than all
Lassa lassa
November 10, 2015 at 8:43 am
Sperm bank masebo is in trouble again.
t
November 10, 2015 at 8:47 am
May I remind Sampa that UPND is not a democracy; there are no conventions, they have a permanent president in the name of Hikainde Hichilema regardless of how many times he has lost the presidential elections and if your your last name doesn’t start with an “H”, you have to have GBM money to be in the inner circle!
New Educated Zambia©❤√
November 10, 2015 at 9:07 am
You are the fools that used to fail exams due to lack of research and laziness to read. I will give you a little challenge for your restricted brain. Please refer to article 79 of upnd constitution then come comment here. Very daft boy
Onyx power @vampiros
November 10, 2015 at 11:13 am
What does it say . am sure it says something like only a Tonga is supposed to lead the party.
New Educated Zambia©❤√
November 10, 2015 at 12:46 pm
emancipate yourself from mental ignorance and read and understand something for once in your life. Even when pointed to something you still are so lazy to be bothered to read. read for yourself and come back and inform and educate your fellow dunderheads in pf
Onyx power @vampiros
November 10, 2015 at 2:00 pm
Sorry I can’t read a constitution which am reliably told that it is written in Tonga.
HH Techilema
November 10, 2015 at 3:43 pm
@onyx power
Is it true upnd manifesto is written in Tonga from the valley ? So it’s true what pipo say about this party being tribal.
kubweka
November 10, 2015 at 8:03 pm
THAT IS NOT TRUE, PLEASE LET US SPEAK CONSTRUCTIVELY NOT BE TRIBAL.
New Educated Zambia©❤√
November 10, 2015 at 9:09 am
Masebo all we say is face the law and clear yourself. If one is clean the law we believe will clear them. We do understand that under pf the law applies personally which is why idiots like rb and dora are not only walking free but are now calling shots in pf after plundering under mmd.
james tembo
November 10, 2015 at 9:38 am
SORRY BELINDAH JAIL IS WAITING FOR YOU
wound
November 10, 2015 at 9:51 am
masebo tribal line na hh
KILLA D
November 10, 2015 at 9:58 am
@t..its true wat nez hav observed,some of dis pf cadres ar very dull n owez want 2 yap in de name of contributin..t get a life n a job too coz its very obvious many of these tuma pf chaps ar jobless
Onyx power @vampiros
November 10, 2015 at 11:15 am
Am not jobless. I can employ you and your entire clan. Idiot we are conforble in life.
New Educated Zambia©❤√
November 10, 2015 at 12:49 pm
you might be comfortable but the millions of people you claim to rule are suffering and living a life of poverty. i wouldnt give a rats ass how comfortable you are at the expense of zambians
kabolala
November 10, 2015 at 10:13 am
Im an Accountant, to me money is not a problem. And i will vote for pf next year.No experimenting with leaders who raped our country during pravatisation. NO. GO HANG YOURSELF COZ NEXT YEAR OUR SOLDIER PRESDO IS NOT READY TO HAND OVER POWER TO ANYONE. IM SURE YOU HAVNT FORGOTEN HOW HE DRILLED SCOT AND THE EVIL CARTEL WHO ARE NOW TRIYNG TO CONFUZ MILES SAMPA.
New Educated Zambia©❤√
November 10, 2015 at 10:46 am
Indeed as they say “names have a powerful meaning”. It is no wonder that this theif is supporting his fellow corrupted thieves the pf at any cost. Wait for 2016 kabudo
Objective Prophetic Philosopher
November 10, 2015 at 11:04 am
This thief called Kabwa-lala is very confident of his limited life thinking that’s all there is. Getting used to poverty will not help you and neither masquerading will. Grow up and thing beyond your little self… you will have children who will leace after you. That is if you are not impotent as your caliber portray in your petty comments.
KUTUMPA. kikikiki
kasantana
November 10, 2015 at 10:42 am
Accountant kabolala,uli koswe sana no wonder you adopted such a name,you stink
Denkete
November 10, 2015 at 12:12 pm
Our friends in North Western Province say, “kyamutana nyama buta bwanji” meaning “what has deprived him meat is his gun”. Actually, what has made HH not to go to statehouse, is his Tonga tribesmen. Every issue, they politicise it, and encourage others to vote for HH\UPND. Enlightened pipo like me we start wondering what would become of our country if this tribe is given the chance to rule. The tenacity shown in support of their tribesman is not only worrying but also repugnant
umuvelevele
November 10, 2015 at 2:04 pm
Ati “am an accountant,to me money is not a problem,and i’ll vote pf next year…..”kikikikiki…..abena Zambia…kikikiki…
IF NOT
November 10, 2015 at 3:05 pm
This woman suffers from verbal diarhea lets wait and see if her talkativeness will help her.
Nikambeko
November 10, 2015 at 7:47 pm
@Kabolala, you are very right.
Jinks
November 11, 2015 at 3:48 am
Lelo lelo!
takolinyenga
November 11, 2015 at 5:40 am
why broke my coments
Czar
November 11, 2015 at 12:00 pm
“broke my coments”?????????
Hello Haters
November 11, 2015 at 6:13 am
@onyx power, it’s not our fault that your brain can not grasp such intricate language ,those are signs of you spending your entire life as a group 3 graduate at school,am sure you need a new pair of glasses and hearing aids.
Jacko
November 11, 2015 at 12:27 pm
All those that sapport Pf these days should think twice,kwena ECL can be the president when he is failing to control this Grobal crisis.Ba PF just get ready that your govt is coming to an end.Why troubling Masebo in courts today,so if Dorah left pf,it means she may face the courts,very stupid thinking,thus why pf has destroyed the economy.HH is not a Tonga,what you should understand is that he is above any tribal inclination,and UPND leadership is not tribal look at the party hieracy it tells its own story.
kanchine
November 11, 2015 at 12:56 pm
@Jacko you are not telling kids, if hh is above all tribes, why did he sideline sakwiba sikota and changed the constitution to only a tonga can be a president at upnd, not only that if Lungu had lost elections 5 times u were the same people to say all sorts of bad things about, what about that party owned by one man hh? a comment please.