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HH treason… judicial review will be nice

Filed under: Politics,Special Comments |

By Maurice Makulu

Magistrate Simusamba deserves credit.

Actually, he has given the defence what they wanted… to go to high court on preliminary issues, not trial.

Them wanted for constitution preliminary issues, he denies them that and sends them for administrative preliminary issues. Not bad.

It’s very good actually. I love it.

Now there is three of us who think the committal certificate was defective…first the defence, second myself, and third the magistrate.

Let’s go to high court and hammer them.

In administration, for example, of a company, delegation of power is by specific instruction on a specific issue…and not by employment or being in the same office.

Your deputy cannot just start doing your job because you are in the same office. They must get your authority and permission specifically.

Think of the bank situation to make it easy for yourself to understand.

Banks require that if you as the owner of the account wants other people to withdraw cash for you, you must introduce them in WRITING to the bank.

A deputy finance director who is not a signatory cannot just show up at the bank with a duly signed cheque and say, “Give me money, the finance director sent me.”

The bank will say, “Where is the letter saying you have been sent.”

Where is the letter that gives you the power to say, “By the powers vested in me”?

By who? How? Where is the proof of that vesting?

So there is a big issue here. Glad the defence raised it and the magistrate agreed.

Am looking forward to the high court.

Watch this space… a long standing practice may just be found illegal.

After that the question will be, will DPP herself sign or she will continue distancing herself from this case and just write a delegation letter?



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