THE Anti-Corruption Commission has asked the Constitutional Court to strike out the matter in which Rudo Chitengu, lover of incarcerated former Ministry of Health chief human resource and development officer Henry Kapoko has petitioned it for grabbing her properties on the premise that they belonged to Kapoko.
Chitengu wants the court to declare that the assets and bank accounts seized from her were hers.
In an affidavit in support of summons for an order to strike out the petition and dismiss the matter for want of jurisdiction, the ACC wants to have the matter thrown out for being wrongly filed before court.
Malama Siamoondo, a senior legal and prosecutions officer at ACC, said for a party to competently approach the court for a relief in the exercise of its original jurisdiction, such a party must ensure the relief sought is within the jurisdiction of the court as set out in Article 128 of the Constitution Amendment Act No. 2 of 2016.
She stated that Article 128 of the Constitution and section 8 of the Constitutional Court Act absolved the court from having authority relating to any alleged violation of the Bill of Rights as it is a preserve of the High Court.
“The jurisdiction aspect of this matter affects the petition and indeed the entire matter. Therefore, this action must fail. In the premises we pray that this action be dismissed with costs to the respondents,” said Siamoondo.