Former president Rupiah Banda this morning won a case in which he was challenging the legality of Parliament going ahead to hear the lifting of his immunity when there was a court order in place.
High court Judge Anne Sitali ruled that there was precedence in the courts of law that matters before the courts cannot be heard by Parliament or any other body until they are disposed off.
Judge Sitali has therefore ruled that Parliament did not follow procedure in lifting Mr. Banda’s immunity and has since given leeway to the former president to seek judicial review over the lifting of his immunity when the matters were before the courts of law.
When matters for lifting his immunity were concocted by Fred Mmembe, Mutembo Nchito and Wynter Kabimba, Mr. Banda’s lawyers applied and were granted an injunction against going ahead with lifting his immunity.
The defence team comprising counsel Professor Patrick Mvunga, Eric Silwamba and Sakwiba Sikota also contended that the National Assembly of Zambia’s decision to proceed to remove his immunity on a simple majority of 80 out of a total of 158 MPs was illegal and irregular.
This is especially that several serving opposition MPs in the PF government that have been expelled by their parties were also being protected by court injunctions.
But Fred Mmembe’s stooge and bootlicker Patrick Matibini who is also former lawyer under Mutembo Nchito misguided himself as Speaker of National Assembly when he contradicted himself that parliament has its own procedures and could go ahead to hear to lifting of Mr. Banda’s immunity even when there was a court order.
Members from opposition political parties walked out the debate in protest against the biased Speaker Matibini, with Petauke MP Dora Siliya raising the now famous middle finger to the whole shum process.
The Watchdog has always insisted that Mutembo Nchito and Kabimba are extremely dull lawyers in Zambia that cannot win a case even if the accused person confesses having committed an offence.