Case in which RB is challenging way parliament removed his immunity on today

Case in which RB is challenging way parliament removed his immunity on today

The case in which former president Rupiah Banda is challenging the callous and shoddy maner in which his immunity from prosecution was removed will be heard oday.

The case will be heard by Judge Anne Sitali.

Mr  Banda is  asking the Lusaka High Court to quash Speaker  Patrick Matibini’s decision to proceed to debate a motion, which led to  the lifting of his immunity because it was illegal and irregular.

rbMr Banda has cited Attorney General Mumba  Malila as respondent in the matter where he is challenging Speaker Dr Matibini’s
ruling of March 15, 2013 that it was in order for the motion to be laid before  the National Assembly notwithstanding that its legality was being challenged in  the High Court.

Mr Banda, through his lawyers Shamwana and Company, Prof  Patrick Mvunga, Eric Silwamba and Sakwiba Sikota has stated on the ground of  procedural impropriety, that the decision of the National Assembly of Zambia to  proceed and to remove his immunity on a simple majority of 80 out of a total of  158 members of parliament was illegal and irregular.

He wants an order that the record  of how immunity was removed to be brought to court so that the court can review it.

Mr Banda has also stated that the decision of the National Assembly to deny him an opportunity to be heard and adopt a summary procedure  prior to resolving that he was amenable to the jurisdiction of any criminal  court was contrary to the principal of ‘no person should be condemned unheard’ was therefore  illegal and irregular.

He added that the decision to move the motion without due and proper inquiry as to whether the allegations presented as
grounds constituted acts performed in his personal or office capacity was illegal and irregular.

On illegality/excess of jurisdiction, Mr Banda stated  that the decision by the National Assembly to resolve that he may be charged
with any criminal offence or be amenable to the criminal jurisdiction of any  court, in respect of any act done or omitted to be done by him regardless of  whether such offence or allegations was included in the catalogue of offences or
allegations presented by justice minister Wynter Kabimba in his speech as  grounds to move the motion was illegal and in excess of the jurisdiction of the House.

He stated that it was unreasonable for Speaker Matibini to proceed  with the motion notwithstanding that a petition challenging the state’s  intention to lift his immunity had been filed at the High Court and therefore  subjudice.

Mr Banda wants an order for costs and that all necessary and  consequential directions be given.

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