PROTUZ account stays restricted - court

LUSAKA High Court Judge Susan Wanjelani has thrown out a matter in which the Professional Teachers Union of Zambia (PROTUZ) was seeking permission to apply for judicial review against the Anti-Corruption Commission’s decision to restrict its Zanaco account.

It also challenged Zanaco’s decision to give effect to the letter of restriction notification from ACC without reference to it in breach of banker- customer relationship and without a court order.

The union cited ACC and Zanaco as the first and second respondents in the matter. But ACC submitted that it restricted PROTUZ Zanaco account because of alleged corruption against some union officers.

It stated that it did not require a court order to issue a restriction notice and further that it is not obliged to disclose confidential information to third parties regarding any on-going investigations.

ACC in its application to raise preliminary issue contended that the union’s decision to commence the matter through an application to begin judicial review proceedings and not originating summons was wrong and fatal while PROTUZ argued that the remedies it seeks can only be obtained through judicial review and not originating summons. But Ms Justice Wanjelani in her ruling agreed with ACC saying that she found the matter was wrongly commenced and she had no jurisdiction to determine it.

“The net effect of my ruling is that, the first respondent‘s application has merit and I uphold the preliminary issue raised that this matter has been improperly commenced and this court has no jurisdiction to hear and determine it.

This matter is consequently dismissed with costs to the respondents to be taxed in default of agreement,” she ruled.