Court dismisses Lubinda application

THE Economic and Financial crimes court has dismissed an application to refer the matter involving PF acting president Given Lubinda to the constitutional court for lack of merit.

This is in a matter in which Mr Lubinda is charged with corrupt practices involving US$539,000.

Lubinda, 58, of Kingsland City on Twin Palms Road in Ibex Hill is charged with four counts of being in possession of property suspected to be proceeds of crime.

In his ruling to have the matter referred to the Constitutional court, Magistrate Sandford Ngobola said the application by the defence lacked merit because the matter was not a constitutional matter and the subordinate had jurisdiction.

“The EFC court can listen to any criminal matters and has jurisdiction over this matter as matters are dealt with on the basis on the evidence, and I say, this court is able to hear such matters, I therefore dismiss the application to have this matter referred to the Concourt for constitutional determination. Matter to proceed from here.”

And before the accused could take plea, Lawyer representing the defence made another application to have the matter be heard from the High court to determine the constitutionality of article 71. Mr Zulu said according to article 8 of the constitution, the interpretation and national values must be taken into consideration.

“These include respect, rule of law as well as the spirit of the constitution is upheld. The right to protection by the law must be respected and protection by the law requires due process meaning the burden will be more on a mere suspicion to an accused person,’’ he said.

He said merely charging the accused person on property suspected to be proceeding suspected without stating what crime may have been committed is itself improper and not desirable to democracy.

In response, the state prosecutor Isaac Mudenda said they needed some more time to respond, and the court adjourned the matter to May 27, 2022 for response and ruling.

Meanwhile the Lusaka Magistrate Court has adjourned a case in which former KCM Liquidator Milingo Lungu is charged with possession of property reasonably suspected to be proceeds of crime.

This is because of the Constitutional Court’s ruling which stayed criminal proceedings against Lungu pending hearing of a case involving the alleged immunity which was given to him.

In the case before the Constitutional court Lungu has argued that he cannot be prosecuted for matters relating to KCM because he was granted immunity.