By PERPETUAL SICHIKWENKWE –

. MVUNGA

THE Lusaka High Court yesterday stopped proceedings in a matter where former Republican President Rupiah Banda is charged with two counts of corrupt practices because his immunity has been restored and cannot face prosecution.
Judge Fulgeance Chisanga said it will be incompetent for the court to continue hearing the matter, when Mr Banda’s immunity has been restored by the consent judgment entered by his lawyers and the State in another matter in March, this year.
Mr Banda was facing two counts of corrupt practices and concealing gratification of motor vehicles valued at US$360,000 allegedly received from a Chinese company.
Mr Banda was in the first count alleged to have between January 1, 2011 and August 30, 2011 at Lusaka being a person holding and performing functions of the President of the Republic of Zambia corruptly received 10 motor vehicles all valued at $180,000.
The act was said to be a gratification from SAGECAO Zambia Limited and SOGECAO Construction an Engineering Investments Limited, which companies were subsidiaries of ANUI Foreign Economic Construction Company of China, a company that had dealings with the Government of Zambia to do various works.
The gratification was alleged to be inducement or reward for Mr Banda in return for his favorable treatment of the companies in their dealings with the Government of the republic of Zambia.
Mr Banda was also alleged to have, during the same period,  received nine motor vehicles all valued at $180, 000, which property was obtained as gratification from SOGECAO Zambia and SOGECAO Construction and Engineering Investments  Limited, which companies were subsidiaries of ANUI of China.
After Mr Banda had pleaded not guilty to the charges, before then Lusaka principal magistrate Obister Musukwa, he applied to have his case referred to the High Court for determination of constitutional matters, which Mr Musukwa granted.
When the matter came up before Ms Justice Chisanga, the State and Mr Banda’s lawyers, Professor Patrick Mvunga and Irene Kunda informed the court that they did not think it was prudent for the matter to continue in an event of a consent judgment which was entered in another matter to restore Mr Banda’s immunity.
The lawyers submitted that the matter could not take off because it was concluded through the consent judgment which was entered.
In her ruling, Ms Justice Chisanga discharged Mr Banda of corruption charges.
Ms Justice Chisanga said that following the restoration of his immunity, Mr Banda could not be prosecuted on any criminal charge.
She said that it would be incompetent for her court to continue with the proceedings when Mr Banda was enjoying immunity.
“Accordingly, the constitutional reference made to this court consequently stand discharged and it is so ordered “ Ms Justice Chisanga said.