Harrington, Chimambo challenge 'refusal' to appoint tribunal

FORMER Tourism minister, William Harrington and an environmentalist have again applied for leave in the High Court, challenging the alleged refusal by the Deputy Chief Justice to appoint a tribunal to investigate Lands Minister Jean Kapata.

The two have since discontinued a case they earlier commenced over the same.

Mr Harrington and Mr Robert Chimambo are seeking an order of certiorari to remove into the High Court for the purpose of quashing the said decision.

They want an order of compelling the Deputy Chief Justice, Michael Musonda to establish a Tribunal to investigate the allegations against Ms Kapata.

The duo stated in an originating notice of motion for an order of certiorari and mandamus in the Lusaka High Court principal registry that on August 19 2019 they wrote to the Chief Justice requesting her to establish a Tribunal to investigate alleged breaches by Ms Kapata .

They alleged that it came to their knowledge in August last year that Ms Kapata had acquired a plot in Lusaka's East Forest Reserve 27 despite being the Minister of Lands and despite the illegal nature of the degazetting process of the said Forest Reserve.

They stated that arising from the same and after thorough investigations, including the collection of documentary proof proving the said allocation of a small holding to Ms Kapata, they complained to the office of the chief Justice on August 19 2019 requesting her to establish a Tribunal to investigate alleged breaches of the parliamentary and ministerial code of conduct.

They stated that after the

Chief Justice recused herself from dealing with the complaint the Deputy Chief Justice took up the matter and informed them that after conducting his own consultations and investigations, he arrived at the decision not to establish a Tribunal to investigate the alleged allegations which were raised against Ms Kapata.

The duo stated that the decision of Mr Justice Musonda refusing to establish a Tribunal to investigate allegations against Ms Kapata for alleged breach of the Parliamentary and Ministerial Code of Conduct Act Chapter 16 of the Laws of Zambia was illegal as the said deputy chief justice has no powers under the said Act to exercise discretion to investigate allegations made against a minister before appointing a Tribunal to investigate the said allegations.