By GRACE CHAILE-LESOETSA
THE Court of Appeal has dismissed the State’s application for leave to appeal to the Supreme court, it’s decision to throw out the State’s preliminary issue on whether it has jurisdiction to hear Chishimba Kambwili’s renewed application out of time.
The National Democratic Congress party leader Kambwili has applied for renewal of his application for judicial review in the Court of Appeal to challenge Lusaka Principal Magistrate David Simusamba’s decision to refuse to recuse himself from handling his forgery case.
Kambwili is charged with three counts of forgery, uttering a false document and giving false information to a public officer in relation to Mwamona Technical Services Company Limited.
The NDC leader had asked magistrate Simusamba to recuse himself from handling the case for fear that his rights under Article 18 would be breached.
But magistrate Simusamba refused to recuse himself or refer the case to the High Court for constitutional determination.
Kambwili then went to the High Court where he applied for judicial review to challenge magistrate Simusamba’s refusal to recuse himself from handling the case.
He asked for an order directing magistrate Simusamba to recuse himself forthwith and surrender the case record to Chief Resident Magistrate Lameck Mwale for re-allocation to another magistrate.
But Lusaka High Court Judge Mwila Chitabo dismissed Kambwili’s application because it was not a fit or proper matter to grant leave to commence judicial review.
Judge Chitabo said Kambwili, having been aggrieved with the court’s decision, should have appealed against it to the superior court.
But the State, through Solicitor General Abraham Mwansa, raised a preliminary issue, among them whether the court had jurisdiction to hear the case.
On September 25, the court dismissed the preliminary issue,” said the court.
Kambwili appeal goes ahead
