Four High Court judges have recused themselves from ruling on former President Rupiah Banda’s petition alleging the unlawful removal of his immunity, prompting rumors of fear and intimidation by the ruling party in this politically charged case.
The case was first brought by former President Banda’s lawyers on Wednesday arguing that Speaker Patrick Matibini violated parliamentary protocol by rushing forward with the immunity motion despite a pending injunction before court, a walkout of most opposition MPs, and then failing to secure a 2/3rds vote of the total seats of parliament.
The matter was first allocated to judge Anne Sitali but she recused herself for unknown reasons.
Lusaka High Court judge in-charge Jane Kabuka then allocated the matter to Judge Nicola Phiri, who also recused herself and then it was re-allocated to judge Mubanga Kondolo and he also recused himself.
The respective judges have communicated their recusal to Judge Kabuka through memos.
Today judge Kabuka re-allocated the matter for the fourth time in three days, to Judge Dominic Sichinga, who has also recused himself.
However, sources say Judge Sitali who initially declined to handle the matter has decided to hear it on Wednesday next week.
According to to the High Court records, former President Banda, through his lawyers Eric Silwamba and Sakwiba Sikota among others, is asking the High Court to quash the “illegal and irregular” decision by the Speaker of National Assembly to allow Justice Minister Wynter Kabimba to present a motion to the House.
The former president is citing the Attorney General Mumba Malila as respondent.
The records state that it was irregular for the National Assembly to resolve to lift former President Banda’s immunity based on a majority 80 MPs vote instead of the absolute two thirds majority.
Banda has also stated that it was illegal and irregular for 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.
The former president stated that the decision by the National Assembly to resolve that he 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 of whether such offence or allegations was included in the catalogue of offences or allegations presented by justice minister Wynter Kabimba in his speech as grounds to move the motion was illegal and in excess of the jurisdiction of the House.
Former President Banda wants an order for costs and that all necessary and consequential directions be given.
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