Court reserves Siliya ruling
EDUCATION Minister DORA SILIYA's lawyer ERIC SILWAMBA has asked the Supreme Court to dismiss an appeal by Former Communications and Transport Minister WILLIAM HARRINGTON in the matter where he is seeking judicial review.Mr SILWAMBA wants the court to dismiss the appeal on grounds that it lacks merit.
This is in a matter where Mr. HARRINGTON is seeking judicial review after High Court Judge PHILLIP MUSONDA cleared Ms. SILIYA of breaching the constitution as found by the DENNIS CHIRWA-led tribunal.
In his ruling, Judge MUSONDA said the tribunal acted excessively in its findings that Ms. SILIYA breached the constitution when she ignored the Attorney General's advise over RP Capital Partners.
Mr. SILWAMBA argues that Mr. HARRINGTON was misguided when he purported that the High Court Judge delved into the merits of the decision of the tribunal.
He said the submission by Mr. HARRINGTON is NOT supported by law as the powers of the High Court in such proceedings is clearly supervisory and set out by relevant legislation.
Mr. SILWAMBA further argues that ground two filed by Mr. HARRINGTON is misconstrued, misguided and incorrect.
Mr. HARRINGTON's lawyer BONAVENTURE MUTALE, submitted that the court below misdirected itself in law and in fact when it held that intervenors once joined to judicial proceedings are NOT at liberty to institute judicial review proceedings without leave of t
e court.
And DEPUTY Chief Justice IRENE MAMBILIMA, sitting with four other Supreme Court Judges, adjourned the matter for judgement on a date to be announced later.
