Maravi

Lusaka lawyer to subpoena Malila, Chinyama over Chiluba acquittal

Lusaka lawyer to subpoena Malila, Chinyama over Chiluba acquittal
By Laura Hamusute
Mon 09 Nov. 2009, 04:01 CAT

LUSAKA lawyer Kelvin Hang’andu has disclosed that he will subpoena as witnesses Attorney General Mumba Malila and Ndola High Court Deputy Registrar Jones Chinyama in a case where he sued government over the withdrawal of the appeal of former president Frederick Chiluba.

Hang’andu revealed in a list of petitioners’ witnesses to be subpoenaed he filed in the Lusaka High Court that he would subpoena Malila to testify on his involvement, if any, in withdrawing the Chiluba appeal and Chinyama to give his testimony regarding the duration taken to proofread the Chiluba theft case judgment.

He will also subpoena over the same matter the personal secretaries for Malila and Chinyama.

Hang’andu explained that he would also subpoena as a witness lawyer Mutembo Nchito so that he could give the court his personal knowledge regarding the circumstances of the Director of Public Prosecutions (DPP)’s withdrawal of the appeal and former Task Force Chairman Max Nkole to testify on the same issue.

He stated that he will also subpoena Post journalist George Chellah to testify on the circumstances of Nkole’s dismissal and Nkole’s directive to Nchito to prosecute the withdrawn appeal.

Hang’andu further disclosed that he will subpoena Muvi Television reporter Kennedy Phiri to give his personal knowledge on the DPP’s withdrawal of the Chiluba appeal.

In this case, Hang’andu has sued government through the Attorney General over the decision by the DPP Chalwe Mchenga to withdraw the notice of intention to appeal against the acquittal of Chiluba, describing it as an abuse of power.

He is seeking an order of certiorari for the purpose of quashing the DPP’s withdrawal of the notice of appeal and wants the court to declare that the withdrawal of the notice of intention to appeal by the DPP was ultra vires the proviso to Article 56 (7) of the Constitution of Zambia and lacked the sanction of the Attorney General.

On August 7, 2009, Chinyama, sitting as magistrate acquitted Chiluba of charges of theft by public servant involving about US$ 500,000.

Later, Nchito who represented The People in the matter, filed in the Lusaka High Court a notice of intention to appeal against the acquittal but Mchenga withdrew the matter from the court.

It is against this background that Hang’andu has dragged government to court.

But government, through Solicitor General Abuild Shonga, asked the court to dismiss the appeal on grounds that Hang’andu had no locus standi to file the petition and that there was no cause of action.
The matter comes up on November 13, 2009.

Labels: CHILUBA, COURTS, JONES CHINYAMA, MUMBA MALILA

posted by MrK @ 8:21 AM