Saturday, January 17, 2009

Court adjourns Aaron Chungu, Kabwe’s Task Force suit case

Court adjourns Aaron Chungu, Kabwe’s Task Force suit case
Written by Maluba Jere
Saturday, January 17, 2009 5:41:36 AM

LUSAKA High Court judge Christine Phiri has adjourned to January 29, 2009 the matter where former Access Financial Services Limited (AFSL) directors Aaron Chungu and Faustin Kabwe are challenging the legality of the Task Force on Corruption.

This is after judge Phiri granted an application by the duo for judicial review over the decision by the Task Force on Corruption requiring them to attend interviews at Woodlands Police Station. She 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 judge Phiri concludes the matter.

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 K226 million.

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 had been created which stipulates the authority or functions of the Task Force on Corruption and that the Constitution of Zambia did not provide for the creation of the Task Force on Corruption.

The matter comes up on January 29, 2009.

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