By PERPETUAL SICHIKWENKWE –
THE Lusaka High Court has dismissed a petition by former Ministry of Health human resources officer, Henry Kapoko, who was challenging the Anti-Corruption Commission (ACC)’s decision to take over the management of his property.
In September last year, the ACC and the Drug-Enforcement Commission (DEC)’s Joint Investigations Team took over the management of

. Kapoka

Kapoko’s estates, which included properties number 13949, number 13947 both on Mulungushi Road, property number 3775 Manda Hill Road, Olympia Park, property number 7791 Woodlands Extension and subdivision B of Lot 3325/M in Ibex Hill.
This was after a court order by Lusaka magistrate Exornobit Zulu allowing the ACC to take over the administration of Kapoko’s property while the matter was still in court.
But Kapoko, who petitioned the Attorney General on behalf of the State, asked the Lusaka High Court to declare that the order by Mr Zulu was unconstitutional and unlawful and, as such, it was null and void.
The State, however, raised a preliminary issue urging the court to dismiss the petition for irregularity as it was challenging an order of the magistrates’ court made in criminal proceedings and it was commenced as a means of an interlocutory appeal.
The State argued that the High Court had no jurisdiction over the matter because it was brought as a way of a petition instead of a way of an appeal.
It stated that the matter was still at the magistrates’ court and had not been concluded and, so the High Court had no jurisdiction to grant the remedies Kapoko was seeking.
In his ruling, Judge Mwila Chitabo dismissed the petition as it was erroneously before the High Court because it was taken as a way of petition instead of an appeal.
Mr Justice Chitabo said even if the matter was taken by way of an appeal, the Supreme Court was clear that the court had no jurisdiction to hear an interlocutory appeal when there was a pending criminal trial in the lower court.