THE Lusaka magistrate court has granted the state’s application to refer Mongu High Court Judge Wilfred Kopa Muma to the High Court on basis that he is a sitting Judge.
In this matter, Muma is facing two counts of willful failure to comply with the law or applicable procedure C/Sec 34 (2) (b) of Anti-Corruption Act number 3 of 2012 & Abuse of Authority of Office C/Sec 21 (1) (a) as read with section 41 of the Anti-Corruption Act number 3 of 2012.
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In the last sitting, state prosecutor Margaret Chitundu made an application before magistrate Trevor Kasanda to transfer that matter to the High court on grounds that Judge Muma is anticipated to continue discharging his functions even when he is appearing in the Subordinate Court, a court he has supervisory jurisdiction over.
When the matter came up for ruling yesterday, magistrate Kasanda transferred it to the High court for trial.
This was after, the Director of public prosecution (DPP) gave consent pursuant to section 254 and 82 of the criminal procedure code, and Chapter 88 of the Laws of Zambia as read with statutory instrument no 235 of 1965.
However, the defence lawyers expressed dissatisfaction in a manner the state conducted itself towards the matter.
“In as far as we have seen the order, we are not pleased with the manner the state has conducted itself in this matter first of all. This is a criminal matter it appears that the State has been secretive in the manner they have proceeded. We noted that the filed originating notice of motion in the high court.
We were of the view that since the application was mentioned in this court we should have been served and since accused is facing criminal charge the accused should have been present at the sitting in the high court even when the order was made on May 5, 2023,” Defense submitted.
The Court granted the application and the matter to be tried at the High court.
“I have indeed noted the order of the High Court granting the state application to change venue of the proceedings to the High Court and further ordering that the accused here be committed to the High Court of Zambia. Further having received the certificate to commit the case to the High Court issued by the DPP, I therefore commit the matter to the High Court of Zambia for trial,” ruled magistrate Kasanda.
It is alleged that on a date unknown but between April 1, 2018 and December 31, 2018 in Lusaka, being Commissioner of Lands willfully did fail to comply with the law, namely, section 84 (f) of the Lands and Deeds Registry Act, Chapter 185 of the Laws of Zambia in the manner he instructed his subordinates to cancel Certificate of Title no. 21818 relating to public property number Lusaka/ LN 8426/1 without following the law and applicable procedure.
In count two, it is alleged that on a date unknown but between 1st April, 2018 and 31st December, 2018 in the Lusaka District of the Lusaka Province of the Republic of Zambia, being a public officer, namely, Commissioner of Lands did abuse the authority of office by requesting the Army Commander to surrender the certificate of title in respect of property number Lusak/LN-8426/1 and offering it to the Patriotic Front Party, an act arbitrary and prejudicial to the interest of the Government of the Republic of Zambia.
Judge Muma is being represented by Mr. James Mataliro and Mr. Chanda Chizwe.
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