State studying court ruling on judicial review

ATTORNEY-GENERAL Likando Kalaluka says the State is still studying the High Court’s ruling which allowed suspended Director of Public Prosecutions (DPP) Mutembo Nchito to start judicial review against the tribunal findings before deciding whether to appeal or not.
Mr Kalaluka said in a telephone interview yesterday that the State is still reviewing High Court judge Mubanga Kondolo’s ruling delivered last Wednesday, which permitted Mr Nchito to start judicial review against the Annel Silungwe-led tribunal.
On July 15, Mr Justice Kondolo dismissed Mr Kalaluka’s application to discharge the leave granted to Mr Nchito to commence judicial review, saying the court will not be curtailing the investigative process of the tribunal by proceeding to hear the application for judicial review.
“We are still studying the ruling,” Mr Kalaluka said.
Asked how much time he needed to study the ruling, the Attorney-General insisted that he was still reviewing the findings.
On May 26, Mr Justice Kondolo allowed Mr Nchito to commence judicial review challenging the findings of the Annel Silungwe-led tribunal.
This prompted Mr Kalaluka to file summons on June 8 to discharge the leave granted to Mr Nchito, arguing that investigative tribunals are not amenable to judicial review.
Mr Nchito has been allowed to start judicial review against Justice Silungwe’s decision that the tribunal will not be held in public as prayed by the suspended DPP.
He also wants a judicial explanation on whether two tribunal members, justices Ernest Sakala and Mathew Ngulube, should recuse themselves from the proceedings.
The tribunal also ruled that Mr Nchito’s arguments that the terms of reference are not competent in law and should be expunged.

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