State Applies For Stay Of Kambwili’s Judicial Review Application Against Simusamba
Lusaka ~ Thur, 1 Oct 2020
By ZR Reporter
The State, through Solicitor General Abraham Mwansa, has asked the Court of Appeal to stay proceedings in a matter where Chishimba Kambwili renewed his application for leave to commence Judicial review proceedings against magistrate David Simusamba’s refusal to recuse himself from handling his forgery case.
Mr Kambwili, the NDC leader, has renewed his application for judicial review to challenge magistrate Simusamba’s decision to refuse to recuse himself from handling the case which relates to the registration of Mwamona Engineering and Technical Services at Patents and Companies Registration Agency.
The case came up before Court of Appeal deputy judge president Chalwe Mchenga and two others for hearing of Kambwili’s renewed application.
Mr Kambwili’s lawyer, State Counsel Musa Mwenye, said he was ready to proceed but Mr Mwansa applied that the proceedings be stayed until final determination of the State’s appeal against the court’s decision to dismiss its preliminary issue.
Mr Kambwili had renewed his application for judicial review after High Court judge Mwila Chitabo last month dismissed the case, saying magistrate Simusamba had judicial powers to decline his application.
The State asked the court to determine whether it had jurisdiction to hear the case or not but the preliminary issue was dismissed on September 25, 2020.
However, when the case came up for hearing of the renewed application for leave to commence judicial review, Mr Mwansa said the State applied to file an application for leave to appeal in the Supreme Court against the court’s decision to dismiss its preliminary issue.
Mr Kambwili’s lawyer, Mr Mwenye, on the other hand objected to the State’s application, arguing that the proceedings were urgent because magistrate Simusamba was scheduled to pass judgment in the forgery case on October 12.
Judge Mchenga then ordered Mr Mwansa to file the notice of motion to appeal and skeleton arguments and set tomorrow (Friday) for hearing of the stay application.