HARRINGTON CHALLENGES FOREST 27 DECISION
FOMER
Minister Tourism and Arts William Harrington has filed notice of an application for leave in the High Court to apply for judicial review challenging the decision by Deputy Chief Justice Michael Musonda declining to appoint a tribunal to investigate the degazetting of forest 27.
This is in the matter where Mr Harrington and Robert Chimambo appealed to the Deputy Chief Justice to appoint a tribunal to investigate the matter.
He said after being dissatisfied with the decision by the Deputy Chief Justice, they decided to challenge his decision in the High Court through a judicial review process.
Mr Harrington, in an interview yesterday, said there was need to ensure the court ruled over the refusal by the Deputy Chief Justice to appoint the tribunal as it was against the laws of Zambia.
“On January 28, 2020 we successfully filed our notice of an application for leave to apply for judicial review challenging the decision by the Deputy Chief Justice declining to appoint a tribunal to investigate Minister of Lands Jean Kapata over forest 27 related matters.
Being dissatisfied with the decision of the Deputy Chief Justice we decided to challenge his decision in the High Court of Zambia through a judicial review process,” he said.
Mr Harrington said he and Mr Chimambo were desirous to establish whether or not Ms Kapata was in breach of the Parliamentary and Ministerial Code of Conduct Act chapter 16 of the laws of Zambia over the role she played in the degazetting of forest 27 and subsequent demarcation of residential and smallholding plots.
“We contend that the decision of the Deputy Chief Justice was to deny us the legal and constitutional right to be heard.
“The relief we are seeking in the judicial review are mainly an order of mandamus to oblige the Deputy Chief Justice to reconsider his decision in line with provisions of the Act and also a declaration that he is obliged under section 13 (1) and (3) to appoint a tribunal as that is his administrative role, duty and responsibility which he cannot abdicate.
“We also contend that the refusal by the Deputy Chief Justice to appoint a tribunal is an obstruction of justice and due process of the law,” he said.