The Constitutional Court has stopped all criminal prosecution proceedings involving former Konkola Copper Mines provisional liquidator Milingo Lungu.
In a landmark ruling, the Concourt ruled to stay all criminal proceedings currently before the Subordinate Courts until constitutional matters raised are addressed.
Constitutional Court Judge Martin Musaluke said the provision of the law and the Constitution were clear in matters of this nature and therefore, the Constitutional issues raised should be addressed by the Constitutional Court before any matter could be dealt with by the subordinate court.
Judge Musaluke refered matters in Uganda where Constitutional matters were raised in a case of Charles Onyongo Obbo vs the Attorney General.
“This issue was equally addressed in the Ugandan case of Charles Onyongo Obbo v the Attorney General where the Supreme Court opined as follows, where a court refers a questions that arises in proceedings before it, it must await the decision of the question of the Constitutional Court, and “disose of the case in accordance with the decision.”
“Premised on the foregoing, I hereby grant the Petitioner’s application for stay of criminal proceedings before the subordinate court so as to preserve the integrity of the proceedings in this court were allegations of the breach of the Constitution have been raised,” reads in part Judge Musaluke’s ruling.
Only Court remaining that has integrity of Law administration.
PF Constitutional Court is useless
These characters played their cards so well and covered their tracks so well, Law enforcement agencies are just chasing the wind, cases in mind – Chilufya, Chtotela, Milingo. Even MMD die hard could get away with it as well, watch the space
Pf- 2, upnd tribalists- 0
Banyala hahaha
Delaying tack ticks – Zambians demand justice denied to them in this matter.
There is a reason the saying is wise men from the east and not wise men from south
Just like Chitotela…….Milingo will gate away with it. No case
This is an embarrassment to whoever is advising the President for him to have even held the last press conference to publicly address the nation on such blunders .This new dawn government is clueless
The Zambian Law provides for several remedies to all cases, be they civil or criminal. There might even be settlements outside Court and arbitration. The course that each case takes depends on the best judgment of those that have conduct of the case. It’s not every case criminal that ends with a jail term. LPM faced a dilemma in the case of Samuel Musonda whereby the latter was charged with abuse of authority when he availed funds to Xavier Chungu. In the Presidential Election Petition case Xavier testified how he collected money from Zanaco to offset nkongole that LPM had at FRA. He even narrated how they met at State House when he delivered bags of money the same bags that LPM collected. How was he going to send Musonda to prison over money that he used in his campaigns?
HH please we are waiting for the first conviction. Everyone you arrest is being released, what’s going on???
Who will go to jail for plundering during PF time
This can ONLY happen in a country where there is a RULE of LAW !
But yet you have the same people crying about persecution. Persecution?? Really?? Chitotela was being persecuted? A man who acknowledged his corruption, and he did so by paying back to ACC the 100k, but you are busy applauding such suspects who milked your people?
No wonder it’s NOT a big deal to be corrupt in Zambia, because it appears public perception favors those who steal from the government, otherwise, I can’t understand how people here would be condoning and clapping for people like the Chitotelas, Milingos, Lusambos,etc. Are you for real you people?
THIS HAS NOTHING TO DO WITH POLITICAL AFFILIATION, THESE PEOPLE NEED BE LOCKED UP REGARDLESS WHETHER PF OR UPND. Period.
@general KANENE, there is no rule of law under the NEW DOOM government. Instead there is blatant abuse of the law hence what we have started to see now.
@ Anthony,
Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are:
– Publicly promulgated
– Equally enforced
– Independently adjudicated
– And consistent with international human rights principles.
The courts play an integral role in maintaining the rule of law, particularly when they hear the grievances voiced by minority groups………
Why do you think there is no RULE of LAW?
There are 3 arms of government which are the Executive, Judiciary and National assembly. In this case, the Executive has provided a suitable climate for fighting corruption. This is the Political will we always talk about. The Judiciary on the other hand has decided to continue as business as usual. You cannot faulty the New Dawn Government for such. Chitotela entered into an agreement with ACC during theb6ime he was a Minister. Until we reform the judiciary, efforts of the executive will be frustrated. PF stole big as you can see with Luapula University and now another one in Northern. This is not about anything but integrity and making sure we respect public goods.
ZAMBIANS MUST TAKE KEEN INTEREST IN THESE CASES, THERE IS SOMETHING SERIOUS BREWING IN THE BACKGROUND.
Criminal matters must be separate from constitutional ones… only in Africa do you find a crossover because the amendments were done by crooks who knew the law will follow them after they lost power
The worry to Zambians and especially politicians should be how the voter will interpret the outcomes that both the investigative wings and courts are feeding the public! The process of law and technicalities leading to some decisions including big grammar is of no interest to the mostly below average intelligence (educationally) population as to this category its the public court that help make a decision when it comes to the voting booth.
To be honest I dont see anything wong with this ruling …its straight forward.
The constitutional court has no jurisdiction over criminal proceedings. It can stay proceedings pending its determination of a matter before it.
But its totally powerless regarding the merits or demerits over cases before the criminal court and civil courts.
The day the ConCourt will overstep its boundaries, I expect the Chief Justice of the Supreme court Mumba Malila to come guns blazing to protect his courts.
I foresee that day coming when there will be a standoff between the Supreme Court and ConCourt in Zambia.
It appears the Public Prosecutor is being vindicated… if you enter a deal with a suspect it is only fair to hold up your end of the bargain. It is already in precedence in any case in a lot of cases including Bill Cosby.
This was the clearest case if theft where that stinking ***** Milingo takes millions from the company he was appointed to administer and deposits it in his personal account raking in millions that he keeps to himself! If that illegal court gets him off the hook, the whole bench must be shot!!
This is happening because the ACC is being directed by someone who not has had investigative training but also blinded by hateful vengeance. The agency I am sure could have done their job properly but they are being disturbed by someone who wants to satisfy his ego in the shortest time.
The problem is that the exactive have have investigated,tried and find opposition members guilty and wanted the courts to rubber stamp. That is why the ACC ,DECc etc only act when the president angrily mentions a name. They want to be seen working..but Zambia does not operate like that. The exactive will keep on being frustrated. They should allow other organs do their jobs. Don’t force guiltness on people