03/02/2023
Lusambo petitions State over operationalisation of Economic and Financial Crimes Court
FORMER Kabushi member of parliament Bowman Lusambo has petitioned the State in the Constitutional Court over the decision by Chief Justice Mumba Malila to operationalise the Economic and Financial Crimes Court administratively at the Magistrate’s Court.
Lusambo said Justice Malila breached Article 120 of the Constitution to administratively operationalise the court.
He is seeking an order and a declaration that the setting up of the Economic and Financial Crimes Court administratively at Subordinate Court level is in breach of Article 120(3)(c) of the Constitution and is illegal.
The former Lusaka Province minister is seeking an order and declaration that the setting up of the Economic and Financial Crimes Court in the High Court, following pronouncements by President Hakainde Hichilema and supported by the judiciary, amounts to setting up courts targeted at a certain group of individuals.
Lusambo argues that the Economic and Financial Crimes Court is not in existence at the Subordinate Court level, as it has been effected administratively.
He said Statutory Instrument No.5 of 2022, under which the Court was promulgated by Justice Malila, does not state the rules and composition of the Court at High Court level.
“Following the creation of this Court (EFCC), the judge in charge of the High Court started transferring matters that were filed in the High Court principal registry to the new court administratively,” Lusambo stated.
He is further seeking an order and declaration that the transferring of 10 magistrates by the Judicial Service Commission (JSC), using Section 6 (e) of the Judicial Service Commission Act, contravened Article 122 of the Constitution of Zambia No. 2 of 2016.
Lusambo also wants a declaration that the setting up of the fast track court at High Court level, without stating its composition, is in breach of Article 129(3)(a) and (b) and therefore unconstitutional.
He also wants a declaration that the provision of amenities and social services is the duty of the executive and not the Judiciary.
February 3, 2023