By LUCY PHIRI
BOWMAN Lusambo has demanded that since the President cannot be cited for contempt by the Magistrate court, his matter should therefore be referred to the Constitutional Court to determine constitutional issues raised by his lawyers over comments President Hakainde Hichilema made at a press conference.
This was after the State objected to an application by Lusambo the former Lusaka Province Minister to refer the case in which he is charged with 10 counts of corrupt acquisition of property and money laundering related charges to the Constitutional Court for constitutional determination.
Lusambo’s lawyers argued that the Magistrate Court has no powers to interpret the provision raised hence the need for Constitutional reference.
“We cannot cite the President for contempt as suggested by the State because he is protected by the Constitution,’’ Mr Makebi Zulu said.
This is in a matter Lusambo is charged with his wife, Nancy and both pleaded not guilty to the charge.
When the matter came up in the Financial and Economic Crimes Court before magistrate Faides Hamaundu, Lusambo claimed that he was tried and convicted by President Hichilema, when he recently held a press conference at State house.
“Transfer this matter to ConCourt to determine whether or not the speech of the president is accepted in the Constitution and also for constitutional review. No man is above and below the law, we want the court to answer questions to whether the President is allowed to breach the law,’’ he said.
But, the State argued that the application by the defence is a clear attempt to delay the proceedings in his criminal matter.
