Maravi

Court stops Task Force from arresting Aaron Chungu

Court stops Task Force from arresting Aaron Chungu
Written by Laura Mushaukwa-Hamusute
Wednesday, December 24, 2008 2:35:54 PM

LUSAKA High Court judge Christine Phiri has granted an application by former Access Financial Services Limited (AFSL) directors Faustin Kabwe and Aaron Chungu for leave to apply for judicial review over the decision by the Task Force on Corruption requiring them to attend interviews at Woodlands Police Station.

Judge Phiri directed that all further proceedings on the decision in question be stayed until after the hearing of motion for judicial review. This means that Chungu will not be arrested by the Task Force before this matter is concluded by judge Phiri.

This is in a matter where Kabwe and Chungu have applied for leave for judicial review in the high court seeking an order of certiorari for the purpose of quashing the decision by the Task Force on Corruption requiring them through call-outs dated December 19, 2008 to attend interviews at Woodlands Police Station in connection with allegations of theft of US$ 149,000 and K 226,000,000.

The duo has applied for judicial review in the matter pursuant to Order 53 Rule 3 of the Supreme Court Rules.

Kabwe and Chungu are seeking among other reliefs a declaration that the Task Force on Corruption has no power to receive, investigate and prosecute complaints of alleged corrupt practices under the Anti-Corruption (ACC) Act or any other law.

The duo explained that there is no Act of parliament that has been created which, stipulates the authority or functions of the Task Force on Corruption and that the Constitution of Zambia does not provide for the creation of the Task Force on Corruption.

Kabwe and Chungu contended that claims by the Task Force on Corruption that they have power to investigate and receive complaints of suspected corrupt practices ultra vires Section nine of the ACC Act hence null and void.

The duo also wants the court to declare that only the ACC has powers to investigate or prosecute complaints of suspected corrupt practices.

Chungu and Kabwe are seeking an order of mandamus directed to the executive chairman of the Task Force on Corruption Maxwell Nkole to give up responsibility to investigate, receive or prosecute any allegations of corrupt practices to the ACC.

The duo is asking the court to prohibit the executive chairman of the Task Force on Corruption and all his officers from receiving, investigating and prosecuting allegations of corruption.

Chungu and Kabwe want the court to hear the application expeditiously and that if leave is granted to apply for judicial review, it should operate as a stay of any investigation of any complaint of suspected corruption against them.

Last Friday, two officers from the Task Force on Corruption served Chungu with a call-out to attend interviews at Woodlands Police Station at 14:15 hours in connection with a crime of theft that the Task Force was investigating.

Chungu refused to accept the call-out and the officers went to Simeza Sangwa and Associates where they left them.

Upon receipt of the call-outs for Kabwe and Chungu, one of their lawyers John Sangwa wrote to the Task Force on Corruption advising that the call-outs in question were irregular.

Later, fresh call outs were delivered on Monday.

The matter comes up on December 30, 2008.

Labels: AARON CHUNGU, CHRISTINE PHIRI, CORRUPTION, COURTS, FAUSTIN KABWE, TASK FORCE

posted by MrK @ 2:36 PM