MILINGO CASE: COURT REJECTS STATE APPLICATION FOR LAWYERS TO RECUSE THEMSELVES

By LUCY PHIRI

THE Lusaka Magistrate Court has dismissed an application by the state to have Makebi Zulu and Advocates recuse themselves from representing Provisional Liquidator Milingo Lungu in a matter in which he was arrested for theft and money laundering charges.

In this matter, Lungu is accused of stealing K4.4 million, property of KonkolaCopper Mine Limited (KCM).   

When the matter came up for continued trial before Magistrate Felix Kaoma, the state made an application that Makebi Zulu and Advocates recuse themselves because the law firm acts as advocates for Lungu in another active matter before the Lusaka High Court.

However, the defence lawyers Sakwiba Sikota, Makebi Zulu and Moses Chitambala argued that at no time had they represented KCM in any case except that their client Lungu was cited as second respondent in the case before the High Court as its provisional liquidator who in this case they still represent.

Magistrate Kaoma in his ruling dismissed the State’s application stating that he knows no law that states that if a person is being represented in another court, the same lawyers could not represent him in another case.

It is alleged in count one that Lungu between May 22, 2019 and September 28, 2021 being a provisional liquidator stole K4.4 million, the property of KonkolaCopper Mines Plc.

In count two, allegations are that Lungu during the same period transferred K4.4 million knowing or having reasons to be believe the same to be proceeds of crime.