Daily Nation Newspaper

JUDGE MUMA’S CASE GOES TO HIGH COURT

- By LUCY PHIRI

THE Lusaka magistrate court has granted the state's applicatio­n to refer Mongu High Court Judge Wilfred Kopa Muma to the High Court on basis that he is a sitting Judge.

In this matter, Muma is facing two counts of willful failure to comply with the law or applicable procedure C/Sec 34 (2) (b) of Anti-Corruption Act number 3 of 2012 & Abuse of Authority of Office C/Sec 21 (1) (a) as read with section 41 of the Anti-Corruption Act number 3 of 2012.

In the last sitting, state prosecutor Margaret Chitundu made an applicatio­n before magistrate Trevor Kasanda to transfer that matter to the High Court on grounds that Judge Muma is anticipate­d to continue dischargin­g his functions even when he is appearing in the Subordinat­e Court, a court he has supervisor­y jurisdicti­on over.

When the matter came up for ruling yesterday, magistrate Kasanda transferre­d it to the High Court for trial.

This was after, the Director of Public Prosecutio­n (DPP) gave consent pursuant to section 254 and 82 of the criminal procedure code, and Chapter 88 of the Laws of Zambia as read with statutory instrument no 235 of 1965.

However, the defence lawyers expressed dissatisfa­ction in a manner the state conducted itself towards the matter.

"In as far as we have seen the order, we are not pleased with the manner the state has conducted itself in this matter first of all. This is a criminal matter it appears that the State has been secretive in the manner they have proceeded. We noted that the filed originatin­g notice of motion in the high court.

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