The Director of Public Prosecution (DPP) has asked the Supreme Court to stop proceedings in the magistrate court in which former President Rupiah Banda has sued The Post Newspaper and its proprietor Fred M’membe for defamation until determination of the appeal.
This is according to ex-parte affidavit in support of summons to stay proceedings of the subordinate court filed in the Supreme Court by the State.
The State contended that it is dissatisfied with the High Court decision to quash the decision of the DPP to take over the prosecution of the case.
They further stated that constitutional questions concerning the powers of the DPP have arisen which require the Supreme Court to address.
It was also argued that in view of the serious constitutional matters that have been raised, the proceedings in the magistrate court should be stayed because if that is not done, the appeal may be rendered academic.
The DPP appealed against the High Court decision by Judge Chalwe Mchenga, who quashed the State’s decision to take over proceedings in which Mr Banda has sued Mr M’membe for defamation saying the court erred in law when it extended article 18 of the constitution to Mr Banda when it applies to the rights of an accused person.
They further said that Justice Mchenga erred in law when he held that under article 56 of the constitution the DPP needed to show that the takeover was in public interest, the constitution does not state so.
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DPP:Stop Rupiah Banda’s Case
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