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Court dismisses cases demanding details on pornographic case probe

By NATION REPORTER

The Lusaka High Court has dismissed an application for an Order of Mandamus to order the Inspector General of Police and the Director General of ZICTA to inform the public on the ongoing investigations into allegations of  publication of pornographic matter involving the likeness of Drug Enforcement Commission director, Mary Chirwa.

In this matter, Mr Mwelwa Samuel Chilufya had sued the  Inspector-General Of Zambia as first respondent,  Zambia Information Communication And Technology Authority.  and The  Attorney-General as second and third respondents respectively,  claiming  for an Order of Mandamus to order the Inspector  General  of  Police  and  the  Director-General  of  ZICTA, to inform the public  regarding  action taken relating to the criminal investigations commenced by the Inspector General of Police on  or  about  July 27,  2022.

The court has ruled that    this is an attempt by the Applicant to interfere with the ongoing criminal investigations. “The Applicant cannot therefore, going by the case of the People v Zambia Police (Supra) use this Court to institute a civil matter such as judicial review to interfere with the ongoing criminal investigations. 

Judge G Milimo-Salasini said, “ I agree with  the submission by the Respondents that the application  is  estopped  from commencing judicial review proceedings while criminal investigations are still on-going and that the ex-parte order for leave granted on 19th  September, 2022 should be  discharged.” 

There is no decision that has been shown to have been made by Respondents that warrants review by Judicial Review. The applicant has  also not demonstrated  any cause of action. In light of the above, the Applicant has failed to establish a right of action  and  there is no decision  to review.

“ I therefore discharge the ex parte Order for leave to apply for judicial review and dismiss the action with costs to the Respondent, to be paid forthwith, and to be taxed in default of  agreement. “

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