Court grants Milingo Lungu leave to amend petition

By NATION REPORTER

THE Constitutional Court of Zambia has granted Milingo Lungu leave to amend his original petition to include the decision made on 22nd December, 2022 by Director of Public Prosecutions, DPP, Gilbert Andford Phiri to revoke his immunity agreement.

The original petition awaiting determination seeks to declare as illegal the decision by the state to investigate, arrest and arraign Mr. Lungu before the Subordinate Court on criminal charges related to his role as Provisional Liquidator for Konkola Copper Mines, KCM.

Lungu had argued that these actions contravened Articles 180 (7) and 216 (c) of the Zambian constitution. However, the new development, namely, the purported revocation of this immunity agreement by the DPP, Mr. Phiri, necessitated the decision by the Petitioner to amend his original petition.

Through the new amendment, the Petitioner is asking the court to determine whether the incumbent DPP has the authority to revoke the agreement and whether he is not estopped from proceeding in that manner.

The State had objected to the amendment arguing that the court had no jurisdiction, firstly, to allow the Petitioner to amend the petition to add a cause of action that did not exist when the petition was filed; and secondly, to allow an amendment that substantially changes the action before Court.

In its unanimous ruling, the five-member-bench comprising Judges Sitali, Mulonda, Mulenga, Musaluke, and Chisunka, the Constitutional Court ruled that “the Petitioner’s application to amend the petition has been occasioned by the 1ST Respondent’s (the state) action, through the DPP, on 22nd December, 2022 to announce the revocation of the immunity agreement, which is the subject of the petition and cross-petition after the petition had already been cause listed for trial”. Furthermore, the Court ruled, “Thus in our view, the proposed amendments though introducing a new cause of action stem from substantially the same facts. The justice of the cause therefore dictates that the application for amendment be allowed in order for the real dispute between the parties to be determined, particularly as the new cause of action arises substantially from the same facts as we have already stated”.

HH restored rule of law – Kabuswe

By NATION REPORTER

CHILILABOMBWE Constituency Member of Parliament Paul Kabuswe said that President Hichilema has only governed for one year and six months and is on the right path of fixing what the previous regime, PF, had destroyed.

Mr KabusweHe warned the people not to bring back the days characterised by panga’s and commanders that saw innocent citizens being brutalized.

“When President Hichilema came to power, he immediately restored the rule of law. President Hichilema has created an atmosphere of peace and has further taken children back to school through the free education policy”, Mr Kabuswe said.

Mr Kabuswe reminded the people how the month of January could bring illnesses in homes as parents struggled to find resources to take their children to school.

The area lawmaker also cited the recruitment of teachers and increase in the CDF allocation as some of the milestone achievements recorded by President Hichilema and the UPND Government.

Mr Imenda was accompanied by Mr. Kabuswe and other senior party officials.

The by-election has been necessitated by the death of Maureen Bwalya, who was the UPND Chitimukulu ward councilor.

Meanwhile, UPND Secretary General Batuke Imenda has paid special gratitude to electorates of Chililabombwe Constituency for voting for President Hakainde Hichilema and the UPND in the August 12, 2021 General Election.

Speaking this afternoon in Chitimukulu ward of Chililabombwe Constituency when he drummed up support for UPND candidate Solomon Banda in the fourth coming local government by-election, Mr Imenda said that the people of Chililabombwe beat the record of electorates in Dundundmwezi in 2016 election.

“I am here to thank you for the work you did. PF was buried here,” he said.

Mr. Imenda took the opportunity to inform the residents that President Hichilema was still coming back to Chililabombwe to thank them for giving him the mandate to govern the country by turning out in large numbers to vote for him and the UPND.

The UPND Secretary General appealed to the electorates to vote for Solomon Banda in order for him to continue on the developmental path left by the late councilor, Maureen Bwalya.

“When one has to inherit the works of someone, you do not get that person from somewhere else but you select from within,” he told the electorates.

Cognitive impairment in people living with HIV not made worse by COVID-19 in those who are vaccinated, study suggests

New research being presented at this year’s European Congress of Clinical Microbiology & Infectious Diseases (ECCMID) in Copenhagen, Denmark (15–18 April), finds that people living with HIV (PWH) performed worse on cognitive tests in the first four months following SARS-CoV-2 infection compared to people without HIV, but these differences appear to be attributable to HIV and not to COVID-19.