ConCourt reserves ruling in Milingo application for stay

THE Constitutional Court has reserved ruling on Milingo Lungu’s application in which he is asking for a stay of all criminal proceedings before any other court pending determination of his petition.

The Court had set May 5, as hearing of the application before Judge Martin Musaluke.

Mr Lungu in his skeleton arguments said the stay of criminal proceedings before the subordinate court would protect the efficacy of the proceedings before the ConCourt in the event his petition is successful. He stated that proceedings before the ConCourt would be rendered an academic exercise if the criminal proceedings before the lower courts are concluded first.

“We submit that without the grant of stay this matter runs the real risk of being rendered as an academic exercise. “

“To allow criminal processes to continue whilst being impugned in this court would likely lead to the administration of justice being brought into disrepute as multiple verdicts and decisions would be returned on the same issues,” he stated.

According to a petition by Mr Lungu before the ConCourt, State House was involved in the decision by the

DPP to enter a nolle prosequi in the matter before Lusaka Magistrate Felix Kaoma for alleged theft and money laundering of K4.4 million and another involving K17, 250, 000 presided over by magistrate Jennifer Bwalya.

In the petition, Mr Lungu claimed his initial meeting was with President Hakainde Hichilema, Vice President Mutale Nalumango, Finance Minister Situmbeko Musokotwane among others. Along the way, Mr Lungu had meetings with government officials to iron out the deal and these included the Attorney General, Solicitor General among others.