Maravi

Date set for appeal against ruling on Dora’s abuse of authority case

Date set for appeal against ruling on Dora’s abuse of authority case
By Maluba Jere
Tue 03 Nov. 2009, 15:58 CAT

THE Supreme Court has set January 14, 2010 as the date for hearing former communications and transport minister William Harrington’s appeal against Lusaka High Court judge Phillip Musonda’s decision to clear Dora Siliya of abuse of authority of office charges.

This is in a case where Harrington has appealed to the Supreme Court against the high court’s decision to clear former communications minister Dora Siliya of allegations of abuse of authority of office.

In a memorandum of appeal filled in the Supreme court, Harrington stated that the learned High Court judge erred in law and fact when he used judicial review proceedings as an appeal process by delving into the merits of the tribunal’s findings by purporting to interpret Article 54 (3) of the constitution and holding that the Attorney General’s advice is mandatory and therefore non compliance is inconsequential.

According to a notice of rescheduling appeal number 111/2009 by the master of the Supreme Court, the Chief Justice has directed that the case would be heard by a panel of five judges.

The notice indicated that one of the judges was currently out of the country.
“The appeal will therefore not be heard during the Kabwe Supreme Court sessions,” stated the notice. “It has been rescheduled to 14th January 2010 at 09:00 hours at Lusaka. We regret any inconvenience that the postponement may cause.”
The matter comes up in January next year.

Labels: COURTS, DORA SILIYA, WILLIAM HARRINGTON

posted by MrK @ 5:56 PM