The Lusaka High Court has discontinued the case in which Zimbabwe’s opposition leader, Tendai Biti challenged the Zambian authorities’ decision to refuse him entry in the aftermath of elections in his country.
Biti had sought asylum in Zambia but was send back to his country.
Judge-in charge Pixie Yangailo has discontinued the matter for want of jurisdiction.
Last year, Biti crossed over to Zambia to seek asylum after he lost the presidential elections.
According to the sequence of events Biti was expected to appear for an ex-parte hearing before Justice Yangailo in a matter where he was challenging the decision by the government to deny him leave to apply for refugee status in Zambia.
But when the matter came up for a possible hearing, Biti’s legal team informed the court that their client was not before court because he had been deported.
They sought an adjournment to allow them time to file necessary documents following the alleged disobedience to the court order.
According to the legal team, the Zambian Immigration office handed him to the Zimbabwean authorities despite being served with a court order to bring him to court on that day.
And the Attorney General, Likando Kalaluka objected to the application for adjournment that the court wanted to deal with the disobedient order and adjourned the matter to a date to be advised to the parties.
Government had indicated that Biti’s grounds for asylum were weak and he could not be allowed to stay.
This forced the Zimbabwean opposition leader to apply for Judicial Review citing the Attorney General as the respondent.