THE Lusaka Magistrate’s Court has dismissed Lumezi lawmaker Munir Zulu’s application questioning it’s powers to hear a case he is charged with libel.
Chief resident magistrate Chibwili dismissed Zulu’s application which sought to halt libel proceedings for lack of jurisdiction because the accused’s argument lacks merit.
The accused, through his lawyers, had questioned whether the court has jurisdiction to hear the matter over issues which happened within the of the National Assembly premises.
But in his ruling, the magistrate threw out the defences application for lack of merit.
“And I rule that this court has jurisdiction to hear and determine this matter,” magistrate Chibwili said.
The court then ordered that Zulu should continue with his defence next month, January 30.
Zulu is charged with libel after he allegely defamed two cabinet ministers and Road Development Agency board chairperson Kuntawala.
He allegedly defamed Minister of Finance and National Planning Situmbeko Musokotwane and his Housing, Infrastructure and Urban Development counterpart Charles Milupupi.
He is also accused of defaming Road Development Agency board chairperson Mulchand Kuntawala.
He has claimed last year around March that the two ministers received US$250,000 bribes each from an unnamed company.
The lawmaker also claimed that Mr Kuntawala sent US$150,000 to Mr Milupi prior to the former’s appointed as RDA board chairperson.
He denied the allegations before magistrate Chibwili later found him with a case to answer and placed him on his defence.
During defence, the accused denied the allegations and told the court that the words in issue were made at the National Assembly, where lawmakers have immunity.
He then raised preliminary issues and contended that the court has no jurisdiction to hear the case considering that lawmakers have immunity for words uttered at National Assembly where MPs enjoy immunity.
But his argument has been dismissed because allegations against him are criminal and rightly before court.
“He can therefore not be heard to question the jurisdiction of this court in such matters because the Constitution has reserved the power to hear and determine all criminal and civil matters to this court”