High Court to decide whether Guy Scott and Edgar Lungu should be part of the transfer of power case

THE Lusaka High Court will on Wednesday pass a ruling on whether or not acting President Guy Scott and defence and justice minister Edgar Lungu should be removed from the proceedings in which a Lusaka politician has sued them over the transfer of Presidential Instruments of power.

Judge Gertrude Chawatama is also expected to pass a ruling on whether or not the court could expunge from the court record information directly referring to Cabinet meetings that Mr Ngu’ni and Mr Lungu submitted as part of their evidence to court on grounds that it is top secret information.

Former deputy education minister Newston Ngu’ni has sued Dr Scott, Mr Lungu and Attorney general Musa Mwenye seeking a reversal of the Presidential Instruments that were transferred from Mr Lungu to Dr Scott following President Michael Sata’s death on October 28, 2014.

But Mr Mwenye on Tuesday filed an affidavit in support of summons for misjoinder asking the court to remove Dr Scott and Mr Lungu saying it is him who should be sued and not Dr Scott and Mr Lungu because there acting within the course of their duties and in their capacity as public officer.

Mr Mwenye also asked the court to remove from the court records information that was submitted by Mr Lungu and Mr Ngu’ni that direct relates to a cabinet meeting saying it was a criminal offence for one to divulge such information.

All parties involved in the legal suits spent more than six hours deliberating and augmenting before Ms Chawatama yesterday advancing their cases.

Ms Justice Chawatama later adjourned the matter which was held in the conference of the High Court to Wednesday for ruling before hearing Mr Ngu’ni’s main cause of action.