Lusaka, Zambia - The tribunal constituted to probe Zambia’s Tourism and Arts Minister Sylvia Masebo, which was halted, will now go ahead after the Lusaka High Court discharged a stay of execution granted earlier to Attorney General Mumba Malila to halt the commencement of the tribunal.
The tribunal, constituted by acting chief justice Lombe Chibesakunda to probe Masebo’s alleged interference in the operations of the Zambia Wild Life Authority (ZAWA), would go ahead pending Malila’s appeal in the Supreme Court.
Former communications and transport minister William Harrington, had asked justice Chibesakunda last year to appoint a tribunal to investigate the allegations of Masebo’s abuse of authority regarding ZAWA.
The acting Chief Justice had earlier refused to appoint a tribunal on grounds that Harrington had not supplied her with sufficient facts and particulars on the alleged breaches that Masebo had committed.
But Lusaka High Court judge Dominic Sichinga, said the decision by the acting Chief Justice to refuse to appoint a tribunal was flawed because Harrington had the right to be heard.
The Attorney General appealed against Justice Sichinga’s judgment and was later granted an ex-parte stay of execution of the judgment subject to an inter-parte hearing on 4 February.
Harrington had asked the court to lift the stay granted to Malila, saying the declaratory judgment granted to him by Justice Sichinga was not enforceable and as such it could not be challenged.
In his ruling, made available Tuesday, Justice Sichinga lifted the stay granted to Malila, saying he did not find sufficient grounds to agree with his claim, that if the judgment was not stayed, his appeal to the Supreme Court would be rendered nugatory and would be an academic exercise.