Tuesday, May 21, 2024

High Court to hear power transfer case

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The Lusaka High Court is today expected to hear a case in which Former Deputy Minister in the Chiluba administration Newton Ng’uni is challenging the presidential power transfer to Dr Guy Scott following the death of Michael Sata.

The judicial inquiry comes after Mr Ng’uni petitioned the High Court saying the constitution was violated after Justice Minister Edgar Lungu, who was appointed acting President by Mr Sata before he went abroad to seek medical treatment, ceded authority to Dr Scott.

Mr Ng’uni’s lawyer Willy Mubanga said his client is acting in the interest of all Zambians regarding the constitutionality of the power transfer.

“According to him there has been a violation, the constitution has been assaulted. What is happening, the status quo is not supposed to be the status quo,” said Mr. Mubanga.

Mr. Ng’uni alleged that Dr Scott and the cabinet had forced Mr. Lungu to relinquish power “threatening that if that did not happen, Mr. Lungu and other cabinet ministers would be charged with treason”.

“The cabinet meeting that purportedly resolved that the instruments of power be transferred to Dr Scott had no authority to discuss such transfer of power as there was no vacuum of power because the instruments of power were already being held by Mr Lungu,” said Ng’uni in the petition to the High Court.

The Lusaka High Court ordered an inquiry into how the Attorney General and Secretary to the Cabinet transferred power from Mr. Lungu to Dr Scott following the death of President Sata.

Justice Gertrude Chawatama set Friday, November 14, 2014 as the date for an inter- parte hearing into the case regarding the controversial transfer of power from Mr. Lungu to Dr. Scott.

This is the matter in which a judicial review application has been filed against the decision of cabinet to transfer power from Mr. Lungu to Dr. Scott.

The court order follows a petition by Mr. Ng’uni who has sued Dr. Guy Scott as first respondent, Attorney-General Musa Mwenye and Mr. Lungu as second and third respondents respectively.

And Mr. Lungu, in his affidavits in support of the motion submits that the Attorney General warned him that police were on stand-by to arrest him and other cabinet ministers opposed to his opinion.

Mr. Lungu submits that the Attorney General instilled fear in him and cabinet ministers forcing him to surrender the instruments of power to Dr. Scott.

54 COMMENTS

    • This is very funny, Edgar and colleagues are are court for a perceived constitutional breach and yet they are willing to break their own PF constitution which required them to go to the convention to choose a presidential candidate. And this Edgar want to be a president of this country, give a break

    • OBATALA

      Spot on and good observations…in addition, PF and Lingu lied to us concerning Sata’s sickness and went against the constitution in that respect…they are never to be trusted again!

    • If Zambia wants sobriety to return then it should rally behind UPND the only sober and organised party led by sober and organised leaders, like HH.

      Just look at MMD , PF and this coalition of tuntemba parties, they are all disorganised and lack focus. They are busy back stabbing each other all the sake of usurping power to enrich themselves on the back of the poor Zambians.

      Zambians next time vote a leader who has made billions already without being in politics because such a leader will not concentrate on enriching him self on the back of the poor.

      The leaders who tick all the boxes right now is non other than HH. He is sober minded, focussed, humble, a strategic thinker, an entrepreneur, an employer, honest, hardworker, above all already rich.

      UPND and HH the best.

    • The issue of transfer of power is real and people should not castigate Lungu or anyone for challenging it before the courts. The Courts have to decide what Article 39(3) means in the whole scheme of the Presidency.
      I totally distaste the PF but rules are rules and they need to be followed. If the constitution is ambiguous let those vested with powers to correctly interpret it, do their job.
      @Oblata 1.1
      It is unhelpful when we over look certain things simply to wield power. Lungu did not refuse to go for a General convention. He rightly opted to convene (procedure) the MCC in order to discuss matters among which the “path” for electing a new Party President and therein PF candidate would be discussed. It makes sense to me, why else have a MCC if not to agree on common direction?

    • I am astounded HH is not doing enough to hammer the the PF with all the wrongs they did the Zambian people during their 3year reign . Someone! Anyone! wake HH up and tell him the fight is on! He’s got to weave, float like a butterfly and hit hard! He’s got to go in there and take the fight to them. Stop this rope-a-dope Ali style as in rumble in the jungle. Go in there son! Two to the body and two to the head. Six combination attack, uppercut, left hook, right hook and a jab! Pound for pound EL is a featherweight compared to supper-heavyweight HH but this will be a bruising fight in parts as EL will be ducking and diving looking for a sucker punch. HH, son, you gotta tell them, 90days lie, less money in pkts, poor Health policies, debt, dishonesty, disorganisation, disunity etc,etc….

  1. But the Chief Justice (Lombe Chibesakunda) want to plunge this country into keyosi by pressurizing the Judge (Justice Gertrude Chawatama) to rule in favour of Edgar Lungu so that he can use and plunder public resources when campaigning, and have her niece Nkandu Luo appointed as Vice President. This is really the beginning of problems in Zambia. Edgar Lungu is not a pure Zambian but a drunkard Malawian who just found himself here as a refuge running away from Hastings Kamuzu Banda’s brutality. So he has no heart for the peacef of this nation as he want to leave the nation in tatas and then flee to his home country Malawi. Pliz let the Acting President fire this man (Edgar) just as he did with Hapunda or Edgar should form his political party and have it registered in Malawi.

  2. Let them chew themselves to pieces. Again as I said earlier this is an election for HH to lose… his chances will never be any better, and I mean never! PF are chewing themselves into oblivion and obscurity.

    I’m really just hoping that HH isn’t courting and aligning himself with the ‘King Maker’, aka the ‘‘Cartel’ just to try and get some favours to win votes, otherwise he will become the number 1 hated figure in Zambian politics.

    What HH needs to do is approach and court Chitimukulu to get maximum rural Bemba vote. I read the ‘Chiti’s articles and he impressed me as someone who is educated, articulate and civilized. Plus I would think by now he is alienated and estranged from PF. So HH shouldn’t have problems getting his people’s votes.

  3. For what it’s worth, these other ‘wannabe’ presidential candidates should just quit the race and support one candidate of choice. HH is untested no doubt, we have no idea how his presidency will turn out to be and I don’t really like him myself but he is the best out of all these pretenders.

    For me the ‘fear’ is not what’s happening with this public ‘cut-throat’ drama going on in the PF, my fear is what the ‘cartel’ are planning and doing in the dark, behind closed doors. They are the ones who yield real power and they won’t let go easily. This is what we should be concentrating our energies on. Are they courting Lungu (doesn’t look like so far), or someone else within the PF. Worse are they making deals with HH? I hope whatever the case, Zambians come out as winners.

  4. THIS IS HOW PF CAN CONTRADICT IT SELF.IF THE CABINET WAS FULLY REPRESENTED BY THE 50% YOU STATED FOR YOU TO FORM A QUARAM AND YOU WILLINGLY GAVE UP FOR THE SAKE OF PEACE AS INDCTATED BY LUNGU HIMSELF WHAT HAS CHANGED 2 TODAY? ZAMBIANS A TRUE LEADER SHOWS INTERRITY AND CONSISTENCE OF STATEMENTS IS ONE CHARACTERISTICS OF REALLY LEADER.LUNGU IS FIT TO BE A FOLLOWER NOT A LEADER.LEAVE GUY SCOTT ALONE.YOU KNEW ALL THESE PROBLEMS BUT YOU PRETENDED ALL WAS WELL WITH YOUR PARTY.IF SATA LOVED LUNGU WHY DID HE NOT DROP SCOTT AND APPOINT LUNGU AS VICE PRESIDENT IN READINESS FOR ANYTHING.WHAT A DISORGONISED PARTY OF PF.
    UNLESS ZAMBIANS ARE DULL AND USELESS THEN THEY CAN VOTE FOR SUCH NONSENSE

    • Why is lungu being tossed around by nkandu luo? I believe luo and Chibesakunda want Chitimukulu’s chieftenship. They know that Sata is gone who did not recognise Sosala. Lungu is saying he will make luo vice president, so its now or never & that’s why lungu is bribed into it through gbm who promises funding lungu’s campaign. lungu has no money to run a campaign, and that’s why chibesakunda wants Scott to be dropped. Scott knows this trick and will not barge, thus agreeing with Kambwili’s suggestion for a G/ Conference. After all the party constitution demands that Presidential candidate comes from there and nowhere else. lungu has become dirty now. Let him be fired constitutionally.

  5. “….there was no vacuum of power because the instruments of power were already being held by Mr Lungu,” said Ng’uni in the petition to the High Court.” Give it back to Edgar iwe we musungu wa musonko. H ave u not plundered African resources enough through your fathers who colonized us? You think we have forgotten how u tricked our forefathers as u came with the bible on one hand and a sword on the other?

    • “No vacancy?” You make me laugh. You and Sakwiba Sikota.

      Consider a company where the Manager has resigned. When running an advert in the paper for the manager’s position – don’t they say “We have a vacancy in the Manager’s office?” But are you telling me that such a company will stay without someone acting in that capacity?

      My dear, that position is declared and considered vacant until a substantive person is found in spite of someone acting.

  6. lunga and is bandits, whats wrong with waiting for 80 days for elections? The law is right you cant be president . thought you had a law degree, nsnada and gbm are using you for there corrupition . If Pf lose and HH wins sorry but those bandits are going to join

  7. ZAMBIANS WAKE UP,,,THIS COURT ISSUE IS GOING IN FAVOUR OF EDGAR LUNGU.THE REASON IS SIMPLE ONCE LUNGU HAS THE PRESIDENCE HE CAN THEN USE GOVERNMENT RESOURCES TO CAMPAIGN OTHHERWISE SCOTT CANNOT ALLOW LUNGU TO USE GRZ RESOURCES AS LONG AS HE IS ACTING PRESIDENT. SO PF IS WORKING OUT A STRATEGY TO MAKE SURE THAT ITS CANDIDATE EDGAR IS ALSO ACTING REPUBLICAN PRESIDENT,SO THAT HE CAN USE GRZ VEHICLES,FUNDS AND CHOPPERS TO COMPAIGN.OTHERWISE LUNGU AND PF ARE BROKE.

    • so what are you telling us That Guy Scott as acting president will not campaign for his party because he is white or what . Are we that dull in Zambia. Have you for a moment paused to think about who is backing Guy Scott and the AG. Since EL is the minister of Defence and minister of Justice are you telling me that Guy Scott will stop EL from using the resources from the 2 ministries from campaigning. Wake up and smell the coffee or is it wake up and smell chibwantu for you?

  8. This case will be thrown out with the contempt it deserves. Respected lawyers with impeccable global reputations at stake have commented on this issue and their unanimous opinion is that Guy is the guy to take the reins of power until 2015. What’s so difficult to grasp here? Even a mind over-loaded with vast volumes of alcohol can easily understand this.

    • It is one thing to be a professor in a certain specialty and another thing to understand a different specialty by the same professor.

    • It’s not that simple.

      The Constitution has a parentage clause that bars GS from occupying the Presidency.

      In another part, the Constitution allows the VP to succeed a late President.

      The position of VP does not have a parentage clause.

      At the heart of this matter is whether the route of VP can circumvent the parentage barrier of Presidential qualification.

      I am pleased the Courts will make a ruling. My worry is that as someone stated, a foreigner could be given citizenship, the next week nominated MP, the following week appointed VP and two days later occupy the Presidency without even being elected, on demise of the substantive holder. Now that is scary!!

  9. UPND supporters are scared of Edger Lungu.ha ha ha we don’t want Scott in PF.Please get him if u want him.Now u’re supporting Scott so that Lungu is removed.oopppppps u’re hypocrites nowwonder HH can’t be a president.You think muchinga,luapula,Northern,eastern,copperbelt,lusaka,parts of central(kabwe,serenje,nkushi),parts of western will vote for HH?U’re jokers come 2015 january Lungu will be a president.We are geared to campaign for him.Scott and cartel don’t want Lungu hence the confusion.In actual sense Scott should jst resign coz he can’t act as a president.Even internation media know about tht.He was only impossed by cartel.Why should scott start wasting our time instead of choosing a leader as soon as possible.How are we gonna campaign if Scott continue boycotting meeting…

    • UPND’s Mweetwa has made a fatal mistake. The price will be heavy. You are even associating with the cartel? Eeeiiisshhhh….!!

      Zambians don’t want GS as acting President. It is not just PF. Sure can the Tongas agree to have some Bemba or Chipata man act as senior Chief Monze or Haanjalika?

      Wake up ba UPND and avoid opportunism. This will cost you big time especially when the Courts will rule against Scott and even if its to his favour the court of public opinion has passed its verdict.

      Namugala, is my heroine for she has defended Zambia’s liberation struggle.

      Caveat: I write not as PF, Bemba, or even Eastern.

  10. The 4 professors should re-read the constitution in regard to qualifications, duties, removal, death of the president. Also qualifications for a person who can be appointed to a position of acting president. And who can remove the acting president. Interesting, how can the Attorney General who is the adviser to the government threaten the cabinet? Another interesting thing, is that the late president decided to appoint another person to act instead of the vice president who was available. I reckon the Late president was smarter than some of the lawyers. Let the specialist constitutional lawyers or those with experience interpret for us.

  11. But sure UPND cadres can change just goal posts!!U can’t trust them.They are everywhere on the media jst to support Scott so that he continues delaying the selection process of PF candidate.To tell the truth Scott has no heart 4 PF.Scott wanted Kabimba.PF have done it well to support EL.People want EL.Not only tht it will help the nation 2 unite instead of a bemba as a president.We want to beat UPND coz they would have taken advantage that PF is only for bembas.Therefore Kambwili,Sampa and GBM please support EL so that we go on .Post newspaper will never support Kambwili,GMB and Chikwanda.If the these leader are normal,they should support EL.miles Sampa is still young and immature to rule Zambia.we love him but he needs more 5years.Viva EL

  12. Haters are on PF,s neck, people who want to ascend to plot 1 job are sponsoring any sort of things to destabilize the PF from winning the presidential by election. My advise to PF leaders is to sober up and agree on one thing now before they are destroyed. you can see through certain maneuvers they don’t make sense why argue on the acting capacity when you can be a full president. We all have seen and believe that the successor to HEMCS is Edgar Lungu. So why do people want to sponsor unnecessary issues, the answer is to distract PF as a whole and ascend to power. I strongly believe this all issue is just a ploy to distract PF. I argue u to unity and soldier on as inspirational leaders. Lets do things correctly

  13. This will undermine the country ‘s governance. I know Eddie is a good person at heart even with all his human weaknesses. The question is does he want to go down in history as the person who at 58 yrs destroyed Zambia just to become president?

  14. I wonder why Lungu nd his selfish unreasonable thieves ‘ve become so possessed with power. I want shot cuts in putting more money in their pockets I thought we had wise men but they ‘re proving to the country that they don’t mean any good to the Zambian people even their own so called PF members. Leave guy Scot alone he is not a threat he is just doing the right thing. Stop the mixing nd remixing of the constitution with degrees full of Ds if not ma F. 80 days is soon if u feel Scot is not doing right kickoff nd form your own party if u think u ‘re popular enough.

  15. I have read comments from a string of UPND sympathisers who are so ashamed they cant even identify themselves by there real names. Today they pretend to be so concerned with what its going on within PF and seemingly sympathetic with this of that faction. Will you concentrate of pumping up your little Boy HH so he can at least win second Position this time around? This might sound like a whiled prediction to you but believe yo me, HH will lose again, he will break the losing record and when he finally retires as UPND President that will be the end of the Party!!

    • Another liar. We are all voting for UPND, have you just jumped off the bus. I will brief you later about the synonym of PF and Confusion. at least MMD left mealie meal at sate kwacha. I welcome UPND whole heartedly and importantly, I am a true Bemba. Where were PF members when their President was harassing our Chitimukulu.

  16. Next step, they are after the country’s money. They know Scott won’t release state money for campaigning. So the only way is to remove him from office. Everything for Edgar Lungu is dirty shortcuts in his selfish quest for power. This is not the Zambia we want. Good day.

  17. UPND are not ashemed of themselves.Why should we keep Scott in the acting president?The constitution is very clear and we don’t want noise from them.This is why we can’t vote 4 them.Whatever is suiting them,they will support.Come on no wander u can even sell zambia to colonial masters.Musungu anikonde.During independence u’re the same pipo who never wanted Zambia to be liberated. now u want power.jocker upnd cadres.We won’t waste our votes on HH mind you. U can’t be trusted with hypocrisy.Get Guy scott in yo party if u want.

    • Does the constitution state that even a person acting as president is barred because of parentage? If you cannot show me this clause then am afraid your analysis is shallow and lacks merit. The constitution however states that in the event the president dies, the Vice president will act until elections in 90 days. Did you not read this part? What is wrong with you PF cadres that you fail to think objectively? Do you know that Edgar Lungu has already abrogated your stup!d PF consitution by calling for a meeting of the members of the Central Committee? Only the president of the party has the powers to do that and the last time I checked, Edgar Lungu was neither the vice president nor the president of the party. That is how id!otic your PF is and the sooner you people go away the better

  18. The greatest act of leadership is what happens in your absence, if everything you have done dies with you, you are a failure. True leadership is measured by what happens after you die, this why true leaders don’t invest in buildings, the invest in people. Why because success without a successor is failure, your legacy should not be in buildings, programs and projects your legacy must be in people the greatest act of leader is mentorship, who are mentoring to take your place, true leaders make themselves unnecessary. If you died today as a leader what happens to your organization what happens to your business if it dies when you die you are failure. Identify you successors and mentor them, that’s you legacy…Dr Myles Monroe

  19. Judge must arrest Attorney General for misleading. Govt. That mpombo acted as president, which was a total fabrication. The cartel seemed to have rehearsed this. Illegal usurping of power and a lot of money exchanged hands. The truth must come out who went to threaten security chiefs as well

  20. Who is sponsoring washed up politician Newton to take the issue to court? If the PF and UPND pact had worked, HH would have been Acting President right now.

  21. Let them go to court. Let them fight. When the time comes, we should sideline this PF party completely. I have never seen such confusion before.

  22. I really don’t understand why PF can not follow their own constitution especially that EL is a lawyer who should understand why it is cardinal to uphold a constitution regardless of the situation. If they don’t want to uphold it, let them constitutionally amend it…period.

  23. mr President”scott” do me a favour, just put your foot down and run the country till elections…that way elections will be free and fair coz no one will abuse government resources for campaigning and your legacy will be clear and clean. you are not there by accident , you are running this country right now for a reason. bless you man. lets watch the space.

    • Agree with u….Let Guy run the country for now. So that we have sanity during this period. Let the best candidate win on fair platform.
      Guy Scot is full time Zambian, the color of his skin should not be an issue.
      All the best Dr. Scot.

  24. @11.2 Siamanengo
    Thank you! You explain exactly why we need this case.

    The problem with Zambians is that we do not do ‘subtractive’ thinking, to coin a phrase. Everything is just on the surface and at face value, and that is how the West came in and conquered us in the colonial era. We did not realise what they intended.

    Our constitution has been exposed to contain a clause that purports to disallow foreign persons acting as President. This is the same clause in all or most countries. But here we are with Guy Scott Acting President!

    This cannot be allowed. Our Judiciary should not hesitate in rectifying the situation and putting Attorney General on the line for removal AND trial for treason. There was an attempt to impose a foreign power into our gov’t.

    • Someone commented, that ABC is completely silent. Well he has based all his economic policies in selling Zambia to Western countries. He thinks having Guy Scott as president will make it easy to go on borrowing. We are in terrible debt and must stop.

      He is part and parcel of a bizarre set of disruptive individuals in Zambia who want Western influence in our Gov’t.

      The High Court must STOP these people. We have a very grave situation in our country.

    • @ Patriotic Abroad,

      I beg to differ with u…GS is not a foreigner. He is Zambian and blame yo constitution and the PF for not keeping the promise on the constitution, for flaws coz it doesn’t cover this situation. No wonder EL and his team are now relying on the transfer of instruments issue coz the other item is a non starter…

  25. The republican constitution, the PF MPs, the carders, the cabinet, the PF central Committee, the mood everywhere in Zambia favours Edgar Lungu. Who is Guy Scott fighting a loosing battle for. If he is not careful, this may be the end of his political career. He can be expelled, his electorates can pass a vote of no confidence and recall him.
    Politics is about numbers, you can not force your way against the majority in politics. Guy Scott should learn to gauge the mood in the country. Sata himself was very good at that. You cannot upset the masses just to let things go your way. We do not want confusion, please step down if you can not listen to us.
    Mind you, even our security men are for Lungu.

    • @29 John Chinena
      He MUST be removed, Scott. There is no other way or we may as well throw our constitution away. Rip it as it is worthless in keep Zambia safe from the hands of Neo-colonialists and foreign countries wanting to turn Zambia into their personal pocket.

      Attorney General has made a mockery of Zambia by his conduct in imposing ‘forcefully’ Scott into the presidents office. He knows very well that the parentage clause has led to this anomaly and MUST be rectified or it WILL set a legal precedence to allow foreigners to hold power in Zambia.

  26. 29, your racist, won’t take you any where, this case, of MMD, lawyer, will be thrown away, mark my words,
    Let’s face it, I don’t want to go in details. Period.

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