The motive for Justice Minister Wynter Kabimba to seek to join the judicial review proceedings in a case in which Dora Siliya, Maxwell Mwale and Hastings Sililo have dragged the Attorney General Mumba Malila and Electoral Commission of Zambia (ECZ) to court has been questioned.
Lawyers representing the 3 say that Mr. Kabimba and the PF had failed to demonstrate to the court their interest in the matter, adding that in order for the applicants to be joinders they should have clearly stated on what basis they were doing that.
The lawyers argued that the application by Mr. Kabimba lacked legal procedures.
“They cannot be party to this hearing because they have failed to demonstrate the effect the decision this court will have on them. They have failed to demonstrate whether they have a legal right that will be violated if they are not included in the matter,” said the lawyers.
The lawyers also wanted to know in what capacity Mr. Kabimba wanted to be party to the proceedings when the outcome of the court action would not have any effect on the PF and its candidates.
Rejecting the application the lawyers asked, “A jointar for what? Which side is he on? What effect will the court action have on himself?” This application is wrongly brought before this court, he has used a wrong procedure and it is mischievous and total abuse of the court process. This should be dismissed with costs.”
They argued that Mr. Kabimba did not have locus standii to be part of the proceedings.
The Lawyers submitted that the Patriotic Front (PF) party had developed phobia and fear that if the three parliamentary candidates contested in the forth coming by-elections they (PF) would lose.
They said that Mr. Kabimba’s application before the court was mischievous and unattainable in law because the outcome of either result had no direct or indirect effect on the PF and therefore the application should be dismissed with costs.
The Lawyers said that Mr. Kabimba had used a wrong procedure to seek for a jointer to the proceedings without indicating what interest he has in the matter which had an effect on the PF.
They argued that it was mandatory by the High Court according to the law to follow the rules and orders of the court as indicated in the white book, adding that Mr. Kabimba went to court under a wrong law.
In his notice to joining the proceedings Wynter Kabimba who is also PF General Secretary submitted that his party wanted to join the proceedings because they had expended considerable human and financial resources in the preparation of the by-election.
He also stated that his party would contest the same by-elections.
And Lawyers for Mr. Kabimba informed the court that the PF had expended considerable human and financial resources, “Our main argument like we have submitted in the application is that the Patriotic Front has expended considerable human and financial resources and for that we are on firm grounds at law to seek this court to give us a joinder because the outcome has an effect on the PF.”
High Court Judge Mageni Mulenga has since reserved the ruling in the matter for 23rd August 2013 and 4th September 2013 as date for preliminaries issues raised by Attorney General Mumba Malila.