By Mwaka Ndawa
THE state says the law suit commenced against it by former PF secretary general Davies Mwila over his interrogation by the DEC is an attempt to challenge the Commission’s statutory authority to conduct criminal investigations against members of public.
The office of the Attorney General says reliefs Mwila is seeking are aimed at curtailing the ongoing criminal investigations, which involve some members of the PF, through civil proceedings.
In this matter, Mwila has sued the state over the decision of the Drug Enforcement Commission to quiz him and Antonio Mwanza regarding the party’s source of funds during campaigns prior to the August 12, 2021 general elections.
Mwila, who has commenced the action on behalf of the party, wants damages for intimidation and harassment of PF members by the Drug Enforcement Commission (DEC).
He is seeking damages for discrimination, misrepresentation and defamation of character.
Mwila also wants the court to declare that the party cannot be compelled to disclose its source of income and that the same was not laundered.
However, the state has asked the court to determine whether Mwila’s action is an attempt to circumvent the DEC’s statutory authority to conduct criminal investigations relating to allegations of money laundering against members of the public through the use of civil proceedings.
According to a notice of motion to dismiss the action on a point of law sworn by Highton Chilela a DEC investigations officer in the anti-money laundering investigations unit, the state said criminal investigations were on-going.
Chilela said Mwila was in total disregard of the law and procedure by deliberately and wrongfully disclosing information that related to such investigations in the guise of civil proceedings.
“The plaintiff’s pleading cannot be sustained by this court as it is otherwise an abuse of court process.
I verily believe in the interest of justice and public policy to allow investigative authorities to carry out their statutory duties without being curtailed by frivolous civil proceedings such as the one before this court,” said Chilela.