Milingo Lungu and the State have agreed to settle their dispute outside the courts of law. Through a notice of motion, the lawyers representing Lungu told an eleven-member constitutional court sitting in Lusaka today that their client wishes to pursue alternative means of dispute resolution.
Lungu had petitioned the constitutional court when the Director of Public Prosecutions, DPP, Gilbert Phiri, lifted the immunity against criminal prosecution which had been granted him by former DPP, Lilian Siyuni. The immunity was in respect of all matters related to Konkola Copper Mines, KCM, which was under provisional liquidation and Lungu was serving as provisional liquidator.
Representing the State, Mandela Nkunika of Simeza Sangwa and Associates told the court that the State agreed with the petitioner and therefore had no objection against the application.
“However, we wish to apply that the costs related to this matter be awarded in favor of the state”, Nkunika submitted. He argued that there have been costs related to several applications that the state had to attend to over a period related to the matter.
In response to the application, Jonas Zimba of Makebi Zulu and Company said the court in Zambia encourages parties to a dispute to save its resources by seeking the resolution of disputes outside the courts of law.
“To impose costs in this case would amount to condemning the petitioner instead of commending him for saving the resources of the court by seeking other means of dispute resolution”, Zimba said, adding, “it would be a travesty of justice to grant the application for costs by the State”.
The Constitutional Court has reserved its ruling on a date to be advised later.