A Lusaka High Court has granted president Rupiah Banda an application to judicial review over the controversial manner in which his presidential immunity was removed.
High Court judge Anne Sitali has said Parliament did not follow procedure when lifting the former President’s immunity.
Banda is challenging the removal of his immunity from prosecution by Parliament and put up a collection of a defence team comprising lead counsel Professor Patrick Mvunga, Eric Silwamba and Sakwiba Sikota.
The defence team contends that the National Assembly of Zambia’s decision to proceed to remove his immunity on a simple majority of 80 out of a total of 158 MPs was illegal and irregular.
Further, Banda added, is that the decision by Parliament denied him an opportunity to be heard and adopted a summary procedure prior to resolving that he was amenable to the jurisdiction of any criminal court was contrary to the principal of ‘no person should be condemned unheard’ was therefore illegal and irregular.
The lawyers argued 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 official capacity was illegal and irregular.
Banda also submitted it was unreasonable for Speaker Patrick 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.
This is a developing story, more to follow.
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