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Magistrate Mwelwa’s petition wrongly before ConCourt – AGBy Mukosha Funga on 28 Sep 2017
The Attorney General says Livingstone magistrate Benjamin Mwelwa’s petition against his suspension is wrongly before the Constitutional Court.
Last week, magistrate Mwelwa petitioned the Constitutional Court to declare his suspension illegal and unconstitutional, citing the Attorney General as the Respondent.
He also asked the ConCourt to allow him to leave the country and attend seminars, workshops, lectures and other events.
Magistrate Mwelwa is also seeking damages for illegal suspension and embarrassment, damages for professional reputation damage, odium, anguish and torture.
But in an Affidavit in support of notice of intention to raise preliminary issues, Senior State Advocate Lwisha Shula said the issues which magistrate Mwelwa was challenging were not within the jurisdiction of the ConCourt.
“That it is apparent from the Petition that the Petitioner is attempting to challenge two specific issues. First, his suspension from employment by his employer or his employer’s agent and second, he is also attempting to enforce his rights under the Bill of Rights by claiming redress for the alleged restriction of his freedom of his employers. That I verily believe that these two issues are not within the jurisdiction of the ConCourt, which Court is clothed with very specific jurisdiction,” swore Shula.
Acting Chief Registrar Charles Kafunda suspended magistrate Mwelwa on August 9, 2017 for refusing to give effect to a nolle prosequi in a case of The People v Milford Maambo, Ziwa Malilo and Chanda Chabala.
About Mukosha Funga
Mukosha is interested in good governance and anti-corruption reporting.
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