The Anti- Corruption Commission Zambia writes:
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COURT UPDATE!
Geoffrey Bwalya Mwamba (GBM) vs The People
The matter in which GBM through his Layers filed in summons and affidavit in support of contempt of court proceedings against the alleged contemnors being Director General of Anti-Corruption Commission (ACC) and five (5) Officers came up yesterday before Hon. Ngobola at the Lusaka Magistrate Court.
The ACC in response filed in a notice of motion to raise preliminary issues and the affidavit in support where six (6) preliminary issues were raised and among them are;
• Whether or not, having regard to the provisions of Section 17 of the Anti-Corruption Act No. 3 of 2012 of the Laws of Zambia the alleged Contemnors may be lawfully cited for contempt of court for acts executed in the course of their duties, namely, the investigation of possible criminal liability with respect to the making of a document which, at the material time did not and has not, as of the date of this application has not been identified or admitted into evidence whatsoever before this honorable court;
• Whether it is open to the Applicant to cite the Alleged Contemnors without demonstrating or seeking to demonstrate bad faith with respect to the actions or omission of the Alleged Contemnors;
• Whether having regard to Section 6(1)(b) of the Anti – Corruption Act, No. 3 of 2012 and 116(1)(f) of the Penal Code Chapter 87 of the Laws of Zambia, this Court has jurisdiction to hear and determine summarily Summons for committal for contempt of court in connection with these proceedings, when the alleged contempt is with respect to matters not “in the face of the court,” namely, an independent investigation of a document which is not yet part of the record and which investigation is anchored on a clearly statutory power that does not envisage the supervisory control of the judiciary;
The matter was adjourned to 27th July, 2023 to allow the defence to file their response to the preliminary issues raised and the Court shall render its ruling on the preliminary issues on the said date.