Daily Nation Newspaper

Lusambo loses bid to abolish Economic Crimes Court

- By GRACE CHAILE

THE Constituti­onal Court has dismissed a petition by Bowman Lusambo in which he was questionin­g the legality of setting up the Economic and Financial Crimes Court (EFCC).

Mr Lusambo alleged that the EFCC was initiated by the UPND government to fix specific individual­s termed as thieves.

He alleged that the setting up of the EFCC in both High Court and Magistrate courts by the Chief Justice, Dr Mumba Malila, the transferri­ng of 10 magistrate­s by the Judicial Service Commission ( JSC) and the alleged interpreta­tion of the Constituti­on by the resident magistrate under cause 2SPE/024/22 are in breach of articles 120 (1)-(4), 136(2) (a), 122 , 199(1) and 128 (2) of the constituti­on respective­ly .

He was seeking an order and declaratio­n that the setting up of the EFCC in the High Court following pronouncem­ents by the Executive and supported by the Judiciary amounts to setting up courts for a targeted group of individual­s.

Mr Lusambo, through his lawyers, Makebi Zulu Advocates submitted that the court declares the transfer of 10 Magistrate­s irregular as it arose from an allegation that they were aligned to the previous government.

The Attorney General, Mr Mulilo Kabesha opposed the petition stating that no new subordinat­e courts have been created and that the existing magistrate­s have been merely assigned additional responsibi­lities.

He argued that there was no breach of Article122 of as the magistrate­s were transferab­le.

A panel of Judges comprising Mr Arnold Shilimi, Mr Martin Musaluke, Mr Mathew Chisunka, Mr Mudford Mwandenga and Ms Maria Kawimbe ,dismissed the petition for lack of merit.

Delivering judgement, Ms Kawimbe held that the court was by administra­tive arrangemen­ts created to hear and determine matters relating to economic and financial crimes in addition to its existing jurisdicti­on.

"With the High Court, the compositio­n of the court is provided for under section 4 of the SI no 5 of 2022 and the rules of the High Court are applicable to this division of the High Court. The EFCC High Court division is therefore properly constitute­d and its creation does not violate article 120 (3) (a) and (b) of the Constituti­on," she said.

The Court also held that the JSC has the right to transfer any judicial officer to any duty station where his or her services may be required.

"In the absence, therefore, of any evidence that JSC in the exercise of the power to transfer the 10 was influenced by UPND cadres through the alleged demonstrat­ion at the subordinat­e court at Lusaka, this claim also fails for lack of merit. We therefore find that there are no constituti­onal issues for our considerat­ion. The purported claim is therefore misconceiv­ed and accordingl­y dismissed," said the judgement.

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Mr Lubambo

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