The Lusaka High Court has dismissed an application for an Order of Mandamus to order the Inspector General of Police and the Director General of ZICTA to inform the public on the ongoing investigations into allegations of publication of pornographic matter involving the likeness of Drug Enforcement Commission director, Mary Chirwa.
In this matter, Mr Mwelwa Samuel Chilufya had sued the Inspector-General Of Zambia as first respondent, Zambia Information Communication And Technology Authority. and The Attorney-General as second and third respondents respectively, claiming for an Order of Mandamus to order the Inspector General of Police and the Director-General of ZICTA, to inform the public regarding action taken relating to the criminal investigations commenced by the Inspector General of Police on or about July 27, 2022.
The court has ruled that this is an attempt by the Applicant to interfere with the ongoing criminal investigations. “The Applicant cannot therefore, going by the case of the People v Zambia Police (Supra) use this Court to institute a civil matter such as judicial review to interfere with the ongoing criminal investigations.
Judge G Milimo-Salasini said, “ I agree with the submission by the Respondents that the application is estopped from commencing judicial review proceedings while criminal investigations are still on-going and that the ex-parte order for leave granted on 19th September, 2022 should be discharged.”
There is no decision that has been shown to have been made by Respondents that warrants review by Judicial Review. The applicant has also not demonstrated any cause of action. In light of the above, the Applicant has failed to establish a right of action and there is no decision to review.
“ I therefore discharge the ex parte Order for leave to apply for judicial review and dismiss the action with costs to the Respondent, to be paid forthwith, and to be taxed in default of agreement. “