CHONGWE member of Parliament (MP) Sylvia Masebo will now be tried in the case of abuse of authority of office following the High Court’s decision to dismiss her application for judicial review.
Ms Masebo sought judicial review against acting Director of Public Prosecutions (DPP) Lilian Siyunyi’s decision to prosecute her on charges of abuse of authority of office.
High Court judge Petronella Ngulube refused to grant the application to Ms Masebo on grounds that the DPP has power to undertake criminal proceedings against anyone before any court regarding any case.
Mrs Justice Ngulube said the DPP cannot be directed by any person in the discharge of her functions except in cases which involve consideration of public policy.
“Article 53 (3) of the Constitution provides that the DPP shall have power in any case which he considers desireable to do so,” she said.
The court noted that the DPP cannot be subjected to the direct control of any other person or authority.
Mrs Justice Ngulube said Ms Masebo did not show how Ms Siyunyi’s decision to prosecute her had contravened or exceeded the terms of the law, which authorised the making of that decision, and that the application would require the court to exercise its discretion in her favour.
She said Ms Masebo’s case is not a proper case in which leave for judicial review should be granted and that the material availed to the court did not present an arguable case meriting the granting of leave.
Mrs Justice Ngulube said Ms Masebo had not raised any matters which, on face value, present impropriety on the part of the State, in particular the DPP.
“I am of the view that the applicant [Masebo] has not satisfied this court that there is a case fit for further investigation at a full inter parte hearing. This application fails and is dismissed,” she said.