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The Lusaka High Court has dismissed a petition by former Lumezi Independent Member of Parliament Munir Zulu, who sought to overturn his one-year jail sentence for criminal libel.
Zulu had asked the court to quash both his conviction and sentence, claiming the criminal proceedings against him were unconstitutional and should be removed from public record.
He also requested a stay of execution of the judgment and compensation for what he termed false imprisonment.
The former lawmaker was convicted in April this year by the Subordinate Court for defaming Finance Minister Situmbeko Musokotwane, Infrastructure Minister Charles Milupi, and then-Road Development Agency Director General Mulchand Kuntwala.
In her ruling, Judge Situmbeko Chocho held that the High Court lacked jurisdiction to hear Zulu’s petition.
“The petitioner is inviting this court to interpret provisions of the Constitution and pronounce itself on matters falling under the Parliamentary (Immunities and Privileges) Act.
“This falls squarely within the jurisdiction of the Constitutional Court,” said Judge Chocho.
She cited Article 128 of the Constitution of Zambia (Amendment) Act No. 2 of 2016, which gives the Constitutional Court exclusive authority over matters involving constitutional interpretation and contraventions.
The judge further noted that Zulu had already filed a similar petition before the Constitutional Court under cause number 2025/CCZ/0010.
“Jurisdiction is everything. Without it, I cannot make any lawful orders or grant any remedies sought by the petitioner,” she ruled, referencing the Supreme Court decision in Antonio Ventriglia & Another v. Finsbury Investments Limited (SCZ Judgment No. 2 of 2019).
Because the matter was improperly filed before the High Court, Judge Chocho declined to address the constitutional issues raised.
“In view of the foregoing analysis, I hold the view that I have no jurisdiction to hear the petition. It is accordingly dismissed with costs to be taxed in default of agreement,” she stated.
Zulu had maintained that his conviction by the Subordinate Court violated constitutional provisions and demanded not only nullification of the ruling but also damages and reimbursement of legal expenses incurred during proceedings in various courts, including the Constitutional Court.
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