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The Constitutional Court has adjourned sine die with liberty to restore the matter in which former KCM Provisional Liquidator, Milingo Lungu, petitioned the State’s decision to reopen criminal proceedings against him when he was granted immunity from prosecution.
The court adjourned to February, 2024 to allow the Petitioner, the Attorney-General and the Administrator-General engage in an excuria settlement .
KCM, since 2019 has been under liquidation until this year when government returned it to Vedanta Resources Limited.
In May last year, the Drug Enforcement Commission through its Anti-Money Laundering unit sought to initiate criminal proceedings against Milingo in relation to matters of the non- prosecution agreement.
Milingo challenged the decision by filing a petition in the Constitutional Court.
In the petition, he alleged that State House led by Principal Private Secretary to President Hakainde Hichilema, Bradford Machila, bargained with him to resign as KCM Provisional Liquidator and a nolle prosequi entered in two matters he was accused of money laundering.
Others allegedly involved in the bargain process with Milingo to resign were Special Assistant to the President for Legal Affairs, Christopher Mundia, Attorney-General Mulilo Kabesha, Solicitor-General Marshal Muchende, then Director of Public Prosecutions (DPP), Lillian Siyuni and Ms Natasha Kalimukwa, Administrator-General and Official Receiver of KCM.
Milingo had alleged that the State House was involved in the decision by DPP, Siyuni, to enter nolle prosequi in the matter before Lusaka Magistrate, Felix Kaoma, for alleged theft and money laundering of K4.4 million and another involving K17.250 presided over by magistrate Jennifer Bwalya.
But when the matter came up for hearing on Thursday, the 11 member bench was told that the matter would not proceed because the parties had agreed to pursue an out-of-settlement.
Milingo’s lawyer, Sakwiba Sikota, told the court that the decision to engage in excuria negotiations was more important in the interest of the State and the country’s economy.
“There had been in the public media indication that there are alot of activities surrounding one of the aspects which is probably the main aspect of this case that would touch on the interest of the state resolving matters of our economy’s area of interest.
“It is therefore in the interest of the country and general public that an opportunity be made to allow the parties to resolve these issue,” he said.
The parties said the excuria settlement could be reached by March, 2024.
Both the Attorney-General and the Administrator-General attested to the application.
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