By NATION REPORTER
MARY Chirwa, the Drug Enforcement Commission (DEC) director general is still being haunted by the pornographic video she is alleged to have published as the case is still lingering in court because the Economic Front Party has appealed against the High Court ruling that had cleared it to the Court of Appeal.
Economic Front party member, Mwelwa Chilufya has appealed against the judgement by the High Court to quash an application for a judicial review in the matter Ms Chirwa was accused of having produced a pornographic video.
This is in a matter in which Mr Chilufya sought judicial review to compel ZICTA and the Police to release the findings of their investigations over the pornographic video allegedly involving Ms Chirwa.
Mr Chilufya was seeking an order of mandamus in the High Court demanding that the ZICTA Director General and Zambia Police Inspector General release the findings of the investigation into the pornographic video.
Mr Chilufya through his lawyers WM Kabimba and Company has now appealed to the Court of Appeal against the ruling of Justice Milimo Salasini rendered in December, 2022 on grounds that the judge erred in law and fact in deciding that the appellant had failed to establish a cause of action and that there was no action to review.
Mr Chilufya also argued that Judge Salasini erred in law and fact in deciding that the application for judicial review by the appellant was interference in the on-going criminal investigations by the 1st respondent who was the Police Inspector General, Mr Lemmy Kajoba.
He also argued that the learned judge erred in law and fact in dismissing appellant’s application for judicial review with costs and also erred in her decision to misjoin the 2nd respondent the Zambia Information Communication Authority (ZICTA) from judicial review proceedings.
He said the Police IG and ZICTA DG needed to tell the public the truth about how far they had gone with investigations and whether they had ascertained that it was Ms Chirwa in the video that went viral in July.
Mr Chilufya contended that the police were quick to pick the three Mindolo women in a case which was similar but that they were quiet on the matter involving Ms Chirwa.
However Judge Salasini ruled that the application for judicial review was interference in the ongoing criminal investigations by the police and also misjoined from proceedings ZICTA because it was not a prosecuting or investigating agency but only a regulatory one.
