Sat, 17 Jun 2017 10:58:58 +0000
BY CHINTU MALAMBO
THE UPND petition to challenge the treason case against its president Hakainde Hichilema has been thrown out by the Lusaka High Court.
In her ruling, High Court Judge Betty Mung’omba said it was an abuse of court processes for the opposition leader to be hopping from the High Court to the Constitutional Court when they had filed the same matter before two separate courts.
Justice Mung’omba said the decision in the matter by either of the courts would have the capacity to resolve the issues brought to the court for determination and presenting the same matter in both courts would create disharmony in the judicial system.
“The gist of the matter is that a decision by either of the courts would have the capacity to resolve the issue brought to the court for determination.
“It is my very firm view that it would absolutely be inappropriate to have a situation where two parallel cases are running to pronounce on the same provision in the Criminal Procedure Code.
“This would create disharmony in the judicial system because not only does it have the potential but also poses real danger of having conflicting and contradictory decisions over the same matter, which will have an effect of bringing the judicial system into disrepute and contrary to public interest,” she said.
Ms Justice Mung’omba dismissed the matter and said she saw no reason to stay the matter in the High Court as applied by the State, adding that the petitioners would have their day in the Constitutional Court.
“I see no reason why I should stay proceeding as the petitioners will have their day in the Constitutional Court. I am of the firm view that the matter before me must be dismissed to void,” she said.
