By GRACE CHAILE LESOETSA
LUSAKA High Court Judge Susan Wanjelani has dismissed an application for leave to apply for judicial review by UPND challenging ZNBC’s decision to air selected campaign adverts on the national broadcaster.
Ms Justice Wanjelani in her ruling on the application on Wednesday said UPND secretary general Batuke Imenda should have first made an application for leave to extend time for applying for judicial review.
“The application has been with respect to decision that were made more than five years ago in 2016. Whilst the court has the jurisdiction to extend the time there must good reason for doing so. The applicant has not advanced any reason for the delay in applying for leave to commence judicial review,” she said.
She said that UPND did not file any application for leave to extend time to commence judicial review proceedings before her
“In the case of Zambia Revenue Authority vs VT and G Transport. Where the appellant appealed to the Supreme Court without obtaining leave to appeal, the Supreme court held , in citing according to the English case of White V Brunton that, ” the requirement of leave to appeal goes to the jurisdiction of the court of appeal.”
“Consequently, I find that this application is incompetent before me and it is hereby dismissed,” she ruled.
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