Magistrate asks court to remove him from ex-jailed MP Zulu’s libel case

Chief Resident Magistrate, Davies Chibwili, has applied to the Constitutional Court to be struck off as a respondent in a constitutional petition filed by former Lumezi Member of Parliament Munir Zulu, who is challenging his prosecution for criminal libel.

Zulu, recently sentenced to 12 months in prison for making defamatory statements against Finance Minister Situmbeko Musokotwane, Infrastructure Minister Charles Milupi, and RDA board chairperson Engineer Mulchand Kuntawala, argues that the prosecution violated his constitutional and parliamentary privileges.

In the petition, Zulu named the Attorney General, the Director of Public Prosecutions, and Magistrate Chibwili—who presided over his criminal case—as respondents.

However, through a summons filed pursuant to Order V Rule 4(A) of the Constitutional Court Rules (SI No. 37 of 2016), Magistrate Chibwili is seeking removal from the proceedings.

He argued that his role in the matter was strictly judicial and that he is protected by Section 4(5) of the State Proceedings Act, which shields judicial officers from legal action arising from the exercise of judicial functions.

In support of the motion, Acting Chief State Advocate Comfort Mulenga stated in an affidavit that Magistrate Chibwili was wrongly joined to the matter, as he acted in his official judicial capacity.

Mulenga argued that the appropriate respondent is the Attorney General, who represents the government in civil matters.

“The third respondent is a judicial officer and was exercising a judicial function from which these proceedings emanate. He is, therefore, improperly joined,” Mulenga submitted.

She further argued that Zulu would not suffer any legal prejudice if the magistrate were removed, as the reliefs he seeks can still be pursued against the Attorney General.

Zulu’s legal team contends that the statements for which he was convicted were made in the course of his parliamentary duties and were protected by parliamentary privilege.

The petition seeks a declaration that his prosecution was unconstitutional.

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