The Lusaka High Court has removed from the record information pertaining to Cabinet meetings submitted as part of the evidence in the case in which politician Newton Ng’uni is seeking judicial review over the transfer of presidential instruments of powers to Dr Guy Scott.
Mr Ngúni together with Defence and Justice Minister Edgar Lungu had submitted to the court information directly referring to Cabinet meetings as part of their evidence.
In her ruling delivered in chambers this morning, Judge Getrude Chawatama upheld the request made by Attorney General Musa Mwenye to expunge from the court records information submitted by Mr Ng’uni and Mr Lungu directly related to a Cabinet meeting.
Mr Mwenye has told Journalists following court proceedings held in Chambers that Judge Chawatama agreed to remove the information on the basis of the State Security Act particularly section 5.
He explains that certain paragraphs and references to the Cabinet meeting offend the State Security Act and that such disclosures are not acceptable under the laws and constitute a criminal offence.
Yesterday, Judge Chawatama removed Acting President Guy Scott and Defence and Justice Minister Edgar Lungu from the same proceedings.
Following President Michael Sata’s death on 28th October, 2014, Mr Lungu who was left with the instruments of power as acting President surrendered the instruments to Dr Scott.
Mr. Ng’uni sued Dr Scott, Mr. Lungu and Mr. Mwenye seeking a reversal of the transfer of presidential instruments of power.
Drama continues. its left center light and back. no progress
Again we are being robbed of an opportunity to clarify the Law. Musa Mwenya will be quick to run to the media to sound victorious but that is a victory of hiding behind “The oath of Screcy and not being right in his interpretation of the Law. He has hiden behind the veil of claiming that discussions in cabinet are sworn to secrecy and therefore can not be relied upon in Court. At the very least it would have claried issues around article 38 and 39(3).
Zambia is robbed again as this case would have exposed Mwenye’s flawed advice to Cabinet and his incompetence owing to his failure to explain Article 39(3) of the national constitution
Zambians should invent their own system of governance.more than 200 years ago,55 men decided to do away with the British governance system of power entrusted in monarch,today we have a clear separation of the 3 arms of gov’t.lets have ministers outside parliament.
A clear separation of the three arms is the ideal. But we are not yet there. We know how much influence the presidency has in the operations of the judiciary in Zambia. And interestingly in our system, we have a Minister of Justice (Judiciary), who is a Cabinet Minister (Executive) and is also a member of Parliament (Legislature). So the guy is in all three wings of government, if you like…
What does it mean for the case? Will the case continue? The article should have explained this.