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Harrington appeals Masebo verdict

CAROLINE KALOMBE, Lusaka
FORMER Minister of Communications and Transport William Harrington has appealed to the Supreme Court against the High Court’s finding that former Minister of Tourism and Arts Sylvia Masebo did not breach the parliamentary and ministerial code of conduct when she dismissed five Zambia Wildlife Authority (ZAWA) managers.
Mr Harrington is seeking judicial review to determine whether the new office-bearers at ZAWA appointed by Ms Masebo obtained pecuniary advantage from her action.
High Court judge Mugeni
Mulenga dismissed the application and ruled that the tribunal instituted to probe Ms Masebo did not exceed its powers when it found that she did not breach the provisions of the law.
In his memorandum of appeal, Mr Harrington said Mrs Justice Mulenga erred in law and fact when she held that the Roydah Kaoma tribunal did not exceed its powers under the terms of reference establishing it.
Mr Harrington said the tribunal found that the Attorney General’s assistance of new ZAWA to acquire pecuniary advantage, was not the kind of pecuniary advantage envisaged under section 4 (C) of the parliamentary and ministerial code of conduct.
“The court’s ruling that there was no procedural impropriety when the tribunal, in determining the fourth term of reference formulated its question outside the established terms of reference, was perverse and was made contrary to the terms of reference,” Mr Harrington said
In his application for leave to apply for judicial review, Mr Harrington said that the tribunal should have proceeded to find that Ms Masebo was in breach of the Parliamentary and Ministerial Code of Conduct Act.
This is for assisting another person to acquire pecuniary advantage.
Mr Harrington said he was dissatisfied with the findings of the tribunal in paragraph six on page 128 of the final report in which it held that although they found that the minister dismissed the officers and that she had no power to dismiss them, there was no evidence before them to show that her conduct resulted in her acquiring pecuniary advantage.



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