THE State has asked the Lusaka High Court to dismiss an application for judicial review in a matter in which UPND vice president Geoffrey Bwalya Mwamba protested a police search at his premises on Luanshya road.
Attorney General Likando Kalaluka said Mr Mwamba omitted or neglected to seek leave of court before amending the originating process of their intentions register.
He said Mr Mwamba failed to follow the laid down procedures in making an interlocutory application in judicial review proceedings when he filed an application to amend notice containing statement and affidavit in the matter.
“The applicant on 3rd March 2016 filed into this court an application for leave to commence judicial review inter alia, a stay of the decision to search the applicant’s premises being no. 186 Luanshya Road, Villa Elizabetha.
“On 4th March 2016 the applicants filed an amended notice containing statement and affidavit in support captioned “First ammendment this 4th day of March 2016 without leave of court pursuant to Order 20 rule 3, rsc (whitebook 1999 edition.” It is as a result of the said amendment which forms the genesis of the respondent’s application to strike the aforesaid documents,” he said.
The Attorney General in his response to a High Court application from Mr Mwamba for judicial review and also as a stay to halt a Zambia Police search at his premises, said the applicant did not follow procedure of the court in making an application for judicial review.
He said the amended notice containing statement and affidavit was irregular and improperly before the court for want to leave. The Attorney General said it was obvious that through his advocates, Mr Mwamba caused the purported amended notice containing statement and affidavit to be filed and served on the respondent without leave of court.
He charged that they could not rely on Order 29 Rule 3 of the RSC as Order 53 was comprehensive in terms of practice and procedure.
“A party that applied for judicial review must comply with the practice and procedure under Order 53. Failure to do so results in irregularity as is the case before this court,” he charged.