By DELPHINE ZULU –

THE State has submitted to discharge the stay obtained by suspended Director of Public Prosecutions (DPP) investigating his misconduct because it lies against the Laws of Zambia that prohibits granting of injunctions against the State.
Attorney General Likando Kalaluka in the arguments to discharge the order granting leave to apply for judicial review by Mutembo Nchito, said an injunction obtained by the applicant was against the President of the Republic of Zambia.
“From the foregoing, we urge this court to take congnisance of the fact that the order to stay the decision of the President to establish the Tribunal and suspending of the DPP from performing his duties as such flies in the face of section 16 of the State Proceedings Act, Chapter 71 of the laws of Zambia that prohibits grant of injunctions against the State,” Mr Kalalula said.
Mr Kalaluka submitted that judicial review proceedings must not be used for forum shopping whilst the same issue between the same parties was pending determination by the Supreme Court.
The State also argued that the leave granted to the applicant should be set aside to pave way for the Tribunal to carry out its mandate as Mr Nchito had failed and neglected to substantiate the allegations of biasness.
“As regards the claim for damages for misfeasance in public office, we submit that this is untenable and that the applicant has not adduced evidence firstly of any breach of duty by the respondent, nor that he has suffered any damages or injury,” Mr Kalaluka said.
In this case, Mr Nchito had obtained a stay to stop the Tribunal constituted to investigating his wrongdoing by High Court Judge Mubanga Kondolo after he granted him leave to apply for judicial
review.
Mr Kalaluka contended that by entertaining the application for judicial review, the court would set itself on a path to either curtail the Tribunal’s investigative process or purport to interpret Article 58 of the Constitution.
“The decisions being challenged are not irrational or unreasonable as they are not outrageous in defiance, logic or accepted moral standards, the Tribunal acted reasonably to have it held in camera
taking into account precedents and the need to safeguard the office of the DPP,” he said.
He said any attempt by the court to start interpreting Article 58 of the Constitution was beyond its mandate in judicial review matters.
The matter comes up today for hearing.