Chitotela contests the cancellation of his immunity from prosecution
PAMBASHE member of parliament Ronald Chitotela says the Economic and Financial Crimes Court misjudged the case relating to his immunity from prosecution for corruption, when it decreed that the privilege given to him by the ACC is of no legal effect.
Despite the court denying him permission to challenge its decision, Chitotela has defied the order and appealed the cancellation of his immunity in the Court of Appeal.
On July 24, 2023, the EFCC (High Court division) had declared that Chitotela’s exemption from prosecution for corruption by the Anti-graft fighting body after he surrendered his house in Ibex Hill in exchange for freedom, has no legal effect.
It stated that there is no evidence on record to show that Chitotela entered into a bargain with the ACC and surrendered his house as part of the purported out of Court settlement which the wife claims legal ownership.
“We find that there is no valid out of Court Settlement to set aside as the said settlement agreement was void ab initio. However as the said settlement agreement was filed into Court, we proceed through the academic motions of setting it aside and hereby do so,” said the Jury.
However Chitotela wants to contest the Court’s decision on five grounds of appeal.
He argues that the learned judges Susan Wanjelani, Anne Ononuju and Mwanajiti Mabbolobbolo fumbled when they heard the matter for fraudulent misrepresentation which was commenced by way of originating summons, instead of having the matter commenced by writ of summons to allow witnesses to testify and be cross examined.
He said the learned judges erred in law and fact when it determined a matter commenced by way of originating summons when the ACC did not issue and serve him the notice of demand letter prior to the filing of said action as required by the law.
“The judges erred in law and fact when they proceeded to determine a civil a matter when they have only criminal jurisdiction in Economic and Financial Crimes,”Chitotela said.
The former minister of tourism said the learned judges were wrong when they pronounced themselves on a civil matter which sought to interfere with criminal proceedings in the criminal court.
“The judges erred in law and fact when they found that the settlement agreement was void ab initio without the evidential threshold for proving fraud in civil matters being satisfied,”said Chitotela.
By Mwaka Ndawa
Kalemba