Lusaka, Zambia – 13th November, 2024 – The Director of Public Prosecutions (DPP), Mr. Gilbert A. Phiri SC, is challenging a ruling by a single judge of the Court of Appeal regarding an interim matter that emerged after the final judgment in a case where 15 flats belonging to former First Lady, Mrs. Esther Nyawa Tembo Lungu, were forfeited to the state. This legal move emphasises the importance of judicial jurisdiction, particularly concerning interlocutory appeals following a final ruling.
The events leading up to the filing of this Motion began on February 14, 2024, when the DPP sought permission from the Economic and Financial Crimes Court, High Court Division (EFCC) to summon two bankers to present evidence. This request was granted on March 11, 2024, and the bankers testified on May 20, 2024, with their records being cross-examined by Mrs. Lungu.
A key procedural dispute arose when Mrs. Lungu, without seeking the court’s permission, summoned three of the DPP’s witnesses for cross-examination. The EFCC rejected this, citing procedural lapses. In response, Mrs. Lungu applied for leave to appeal this decision. However, the EFCC denied her application, prompting her to seek relief from a single judge of the Court of Appeal and request a stay of the EFCC proceedings. The Court of Appeal rejected the stay, citing unnecessary delays that hinder the prompt resolution of cases:
“While litigants have the right to appeal, some applications are counterproductive as they delay justice.”
On September 27, 2024, the EFCC delivered its final judgment, ordering the forfeiture of Mrs. Lungu’s flats to the state. Despite this, Mrs. Lungu pursued further legal challenges. On October 4, 2024, a single judge of the Court of Appeal granted leave to Mrs Lungu to appeal the EFCC’s decision regarding the summoning of witnesses, even though the main case had already been concluded.
The DPP now argues that since the EFCC issued its final judgment, the jurisdiction of a single judge of the Court of Appeal over interim matters ceased. The DPP cites the Felopater Zambia Limited, William Nagib Rezk, and William Antony Rezk vs. Zambia National Commercial Bank PLC (APP. NO.26/22), case, which established that once a final ruling is issued, only the full bench full—not a single judge—can review it. Allowing otherwise would undermine judicial hierarchy and the principle of finality. The DPP asserts that the same reasoning should apply in the current matter, where the single judge’s ruling may conflict with the established principle.
This ruling presents a unique opportunity for the Courts to clarify the jurisdiction of Appellate courts in interim matters, which the DPP argues is crucial in preventing endless delays in the legal process and maintaining the integrity of the judiciary.
For further updates, please contact:
National Prosecution Authority
Email: info@npa.gov.zm
Phone: +260-211-123-456