WITHDRAWS SUIT ON FOREST 27
FORMER Tourism minister, William Harrington, has discontinued a legal suit in which he had applied for judicial review to challenge the refusal by the deputy Chief Justice to appoint a tribunal to investigate Forest Reserve number 27 matter.
Mr Harrington and an environmentalist, Robert Chimambo, had filed an application in the Court of Appeal to renew the judicial review seeking to challenge the decision by the deputy Chief Justice, Michael Musonda to decline to appoint a Tribunal to investigate the conduct of
Lands Minister, Jean Kapata, over forest reserve number 27.
Lusaka High Court Judge, Catherine Phiri, on April 15, this year threw out the application, stating that it fell below the required standard.
But Mr Harrington and Mr Chimambo in a fresh application said they were not served with any documents to the effect.
This prompted the two to file the application in the Court of Appeal to be heard on the matter and cited the Attorney General as a respondent in the matter.
But this month, the duo filed the notice of discontinuance.
“Take notice that pursuant to the order of the honourable Ms Justice C Lombe delivered in September 29, 2020 granting the applicants leave to discontinue this suit, the applicants hereby discontinue the suit against the respondent herein with immediate effect,” the notice stated.
Mr Harrington and Mr Chimambo had wanted the Lusaka High Court to stay Mr Musonda’s decision to refuse to appoint a Tribunal under Order 53 Rule 3 of the Supreme Court Rules, 1999 edition until after the determination of the application.
The further wanted to be granted an interim order that Mr Musonda appoints a Tribunal against the minister as she was likely to see out her term of office as a Member of Parliament for Mandevu and as minister before the matter was determined, as such the application could be rendered a mere academic exercise.
They were seeking an order to oblige Mr Musonda to reconsider his decision in line with the provisions of the Parliamentary and Ministerial Code of Conduct Act, chapter 15 of the Laws of Zambia after receipt of the written allegations giving factual particulars alleged by them.