High Court grants judicial review on lifting of Ex-president Banda’s immunity

A Lusaka High Court has granted former president Rupiah Banda leave to seek a judicial review on the case he is contesting the lifting of his immunity from prosecution.

When the matter came up in court today, April 12, 2013, High Court Judge Anne Sitali granted the former president Judicial review leave saying  Parliament did not follow procedure when lifting the former President’s immunity from prosecution.

The Zambian parliament that comprises of 158 Members had only about 80 Members that voted for lifting of his immunity, four voted against while three abstained and others walked out in protest saying the matter was before the court of law.

The former president through his lawyers Shamwana and Company, Prof Patrick Mvunga, Eric Silwamba and Sakwiba Sikota and others contested that instead of using the two third majority Parliament used a simple majority to lift Banda’s immunity. The State in this case is being represented by Solicitor General Musa Mwenya. Among other reasons advanced is that Banda was not given an opportunity to be head.

It means that the court will have to review the case under which the former president’s immunity was lifted.