Malila appeals against Rupiah’s leave for judicial review

ATTORNEY General Mumba Malila has appealed in the Supreme Court against judge Anne Sitali’s decision to grant former president Rupiah Banda leave to commence judicial review proceedings over the lifting of his immunity.

On April 12, 2013, Lusaka High Court judge Sitali refused to stop the criminal proceedings and investigations against Banda but allowed him leave to commence judicial review proceedings.

In this case, Banda had applied for leave to the High Court, seeking a judicial review of National Assembly Speaker Dr Patrick Matibini’s decision to preside over what he described as an illegal and irregular motion that saw the lifting of his immunity in March.

In her ruling, judge Sitali granted Banda leave to commence judicial review proceedings in the matter but was quick to say that this would not operate as a stay of the National Assembly’s decision to lift his immunity.