WILLIAM Harrington has applied for leave of the Lusaka High Court to renew an application for judicial review before the Court of Appeal against the deputy chief justice’s decision to refuse to establish a Tribunal to probe Lands Minister Jean Kapata.
In April this year, the Lusaka High Court dismissed an application by Harrington, who is former Environment and Natural Resources Minister and environmentalist Robert Chimambo, seeking leave to challenge the Deputy Chief Justice’s refusal to appoint a tribunal to investigate Kapata’s conduct over allocation of plots at Forest Reserve No 27.
Lusaka High Court judge Catherine Phiri dismissed the application for leave to apply for judicial review as it fell way below the standard required by the rules.
However, Harrington and Chimambo have now applied for leave to renew the said application before the Court of Appeal.
According to an affidavit in support of ex-parte summons for leave to renew application for judicial review filed in the Lusaka High Court, Harrington stated that upon perusal of the said ruling of the court and advice of his counsel, he now desired that the matter be heard by the Court of Appeal.
“I have been advised by counsel on record and verily believe the same to be true that the proper procedure when denied leave to commence Judicial Review proceedings is to renew the said application before the Court of Appeal. This is a fit and proper case for this honourable Court to exercise its inherent powers to grant the applicants leave to renew the application before the Court of Appeal as we desire to be heard on the merits on a matter we consider to be of serious national importance and good governance,” read the affidavit.