According to a report published on Mwebantu, former President Rupiah Banda has requested the Lusaka High Court to quash the decision by the National Assembly to remove his Immunity from prosecution.
Mr Banda contends that the decision by the speaker of the National Assembly Patrick Matibini to hear a motion moved by Justice Minister Wynter Kabimba despite his petition submitted in court was illegal and irregular.
Mr Banda said that the time the motion was being moved to stripe off his immunity, he had already petitioned the matter hence the action by Parliament was unreasonable and in excess of the jurisdiction of the National Assembly and there it should be quashed.
According to the originating notice of motion for an order of certiorari filed yesterday (Tuesday), the former President contends that the decision by Dr Matibini on March 15, 2013 to proceed to hear the motion despite a petition under cause number 2013/HP/323 having been filed in the high court was illegal and irregular.
“The decision of the nation assembly of Zambia to resolve that the applicant may be charged with any criminal offence or be amenable to the criminal jurisdiction of any court, in respect of any act done or omitted to be done by him regardless whether such offence or allegation was included in the category of fences presented by the motion is illegal and in excess of the jurisdiction of the national assembly” the notice filed before court read.
Mr Banda’s motion was filed by his lawyers Shamwana and company, Mvunga and associates, Eric Silwamba and company, Sakwiba Sikota’s Central Chambers and George Kunda and Company.
Mr Banda said that the decision by the National Assembly of Zambia to proceed and to remove the immunity on a simple majority of 80 out of a total of 158 members of the House was equally illegal and irregular as such it should be quashed.
Mr Banda added that the decision of the National Assembly to deny him an opportunity to be heard and adopt a summary procedure prior to resolving that he was amenable to the jurisdiction of any Criminal Court was contrary to the principle of the audi alteram partem and therefore it was illegal and irregular.
Mr Banda said the decision of the national assembly to move the motion without due and proper inquiry as to whether the allegations presented on grounds constituted acts performed in Mr Banda’s personal or official capacity was illegal and irregular.
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