Court declines exparte, orders inter parte hearing in Forest 27 ruling
THE Lusaka High Court has declined to grant former Tourism Minister William Harrington and another an ex parte hearing on an application they are seeking permission of the court to challenge the deputy Chief Justice’s decision to allegedly refuse to appoint a Tribunal to investigate Lands minister Jean Kapata.
Judge Catherine Lombe Phiri has instead ordered for an interparte hearing and has set April 7 this year for the same.
This is in a matter where Mr Harrington and a Lusaka resident Robert Chimambo are seeking permission of the court to challenge the deputy Chief Justice, Micheal Musonda’s decision to allegedly refuse to appoint a Tribunal to investigate Lands Minister, Jean Kapata over the alleged allocation of plots at Forest Reserve number 27 to unknown persons..
Mr Harrington and Mr Chimambo in their Judicial Review application have submitted that the decision of deputy Chief Justice Michael Musonda of December 27, 2019 to refuse to appoint a tribunal to investigate the conduct of Ms Kapata was contrary to the provisions of section 13 (1) of the Parliamentary and Ministerial Code of Conduct Act chapter 16 of the laws of Zambia.
Mr Harrington and Mr Chimambo are seeking an order of certiorari to quash Mr Justice Musonda's decision to refuse to appoint a tribunal.
The duo is also seeking an order of mandamus to oblige Mr Justice Musonda to reconsider his decision after receipt of written allegations giving factual particulars. But in her ruling, Justice Phiri said that a cursory consideration of the application revealed that it was a proper case for an inter parte hearing of the leave application in order for a decision of whether to grant the applicants’ leave to proceed with the judicial review proceedings or not.