Thursday, March 28, 2024

President Lungu sued over Mswati’s Inyatsi land gift

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President Lungu with King Mswati
President Lungu with King Mswati

The The Swaziland Newsreports that Zambian President Edgar Lungu has been taken to court by Sean T. Tembo, the President of the Patriots for Economic Progress (PeP) over the now controversial land previously owned by Inyatsi Properties and presented to him by King Mswati as a gift.

The PeP President confirmed these developments when reached for comments by this Swaziland News publication as calls for the removal of Edgar Lungu over allegations of corruption and or abuse office intensify. Sean Tembo said as the opposition party, they strongly believe President Edgar Lungu violated provisions of the Anti-Corruption Act that restrict any public officer from receiving a gift. “Basically we took the matter to the Constitutional Court of Zambia. Our contention is that by receiving the gift, the President violated the Anti-Corruption Act of 2012, which restrict any public officer from receiving a gift. We are seeking a declaration from the court that the receiving of the gift was unconstitutional and illegal,” he said Court documents in our possession suggests that Sean T. Tembo told the court that on or round May 2018, information reached the public domain that the President of the Republic of Zambia Edgar Chagwa Lungu received land as a gift in the Kingdom of eSwatini formerly known as Swaziland.

“Further that the Republican President has plans to build a private mansion on the said land for himself and his family. My Lady this information was confirmed by official documents from the Kingdom of eSwatini, which showed that President Lungu was the new owner of the land. After massive rage and outcry from the Citizenry, who alleged corruption and abuse of office on the part of the Republican President, the Honorable Minister of Information Ms. Dora Siliya and Special Assistant to the President for Press and Public Relations, Mr Amos Chanda informed the public that the Land in issue was granted to the President as a gift by King Mswati (the King of eSwatini) in his capacity as a citizen of Zambia and as the Republican President of Zambia” read the court papers.

Sean T. Tembo further informed the Constitutional Court that shortly after the information of the gift reached the public, the Honorable Minister told the public that there was nothing wrong at law for the President to receive a gift from another Head of State describing such as “a practice of good international relations”.

“Your Petitioner as President for the Patriots for Economic Progress (PeP) and acting in the interest of the Zambian citizenry has Petitioned this Honorable Court seeking declaratory reliefs against the actions of the President. My Lady for this matter to be resolved, we invite this Honorable Court to consider the following legal issues. Whether or not, the President is a “public officer” as defined in section 3 of the Anti- Corruption Act No 3 of 2012” read the court papers.

The PeP President further invited the Constitutional Court to consider whether the provisions in the Republican Constitution defining “public officer” were intended to negate liability under existing laws or are primarily included for purposes of interpreting the provisions of the Constitution, particularly in the light of Article 92(1) of the Republican Constitution.

“The implications of section 66 of the Anti-Corruption Act No 3 of 2012 which shifts the evidential burden of proof to the public officer in receipt of a gift other than a casual gift” Sean Tembo told the court. He invited the court to interpret the law further alleging that actually President Edgar Lungu “is a public officer” as the term “public body” also includes government.

“The Republican President is a public officer under section 3 of the Anti-Corruption Act, No 3 of 2012 as he is head of Government as stipulated under Article 92(1) of the Republication Constitution. The definition of “public officer” includes a person who holds office in a public body and the term “public body” includes Government” Tembo stated in court application.

The PeP President further informed the court that a public officer is a person who works for Government adding that Article 92(I) of the Republican Constitution clearly points our clearly that Edgar Lungu “is the Head of Government” He alleged that the President obtained the property in his capacity as the Head of Government and or a public officer.
“For purposes of examining whether the purported presidential land gift violates Section 21(1)(b) of the Anti-Corruption Act, we can first of all summarize the positions by stating that the offence of abuse of office under this section occurs: When a public official uses their official positions to obtain property for themselves or another person, or when a public official uses information obtained as a result of their official functions to obtain property, an advantage or benefit” for themselves or another person” read the court papers.

The lawsuit against President Lungu comes after media reports alleging that he received land from King Mswati as a gift.

Mswati, one of Edgar Lungu’s allies rules the Kingdom of eSwatini as Africa’s last absolute Monarch and he allegedly manipulated the Constitution of that country to place himself above the law.

The land that was presented to the Zambian President as a “gift” is situated at Nkonyeni, Sidvokodvo about 50 kilometers away from Mbabane, capital city of the Kingdom of eSwatini.

It was previously owned by Inyatsi Properties, a company with links to Inyatsi Construction that has been benefiting multi-million tenders in the Kingdom of eSwatini and Zambia.

This Swaziland News publication subsequently published an investigative story that links the President to a huge Inyatsi syndicate that involves King Mswati, Swaziland Prime Minister Sibusiso Barnabas Dlamini, the late powerful businessman Victor Gamedze and Inyatsi Director Michello Shakantu among others.

Inyatsi Group Holdings operates in three separate divisions in Zambia being Inyatsi Construction Ltd, Inyatsi Roads and Inyatsi Buildings Ltd.

On another note, our sources in Zambia disclosed that moves to impeach President Edgar Lungu are in the process over serious allegations of corruption and abuse of office among others.

“There is already a motion of impeachment against him awaiting National Assembly Speaker’s go ahead” said one of our sources in Zambia.

Source: The Swaziland News

80 COMMENTS

  1. Sean Tembo?

    What a moron

    The president do nothing wrong and this was a gift.

    Why do people find it so hard to comprehend something so simple.

    Presdeint Lungu did nothing wrong here.

    Morally or not, there is nothing to this story and this man suing him is a lemon.

    I have a PhD

    Thanks

    BB2014,2016

    • And how is this news…Zambians please lets spend our time and energy on things that will help our country.Lets clean our surroundings…build the economy and bring in serious investment.

    • Fact is Edgar Lungu has been leading the most corrupt govt since independence. The man has no vision and he told us so. Look at what Kagame is doing in Rwanda, why can’t Lungu do the same? Truth be said, Edgar has no capacity to develop this country. This man is Commander in Chief and he fails even in a simple task of ending cadre political violence. How then do expect he would solve more complex problems?

    • Shaun Tembo is working with Elias Chipimo on this matter but poor HH will take the flak. I have had to become a blogger to stop this open discrimination against HH because of his tribe.

    • File case in Eswatini court, if you want hearing next month. not Zambian ConCourt, case will take 5 years.

    • Ok, this is good.

      Now an opportunity to get the truth about this issue. Hopefully the petitioner (PeP) has real evidence so we can get to the bottom of these allegations. We don’t want empty bravado and then end up with nothing in Court after raising people’s expectations and curiosity like Kambwili did.

      Presidents need to be held accountable too just like every other ordinary Zambian. No one should be above the law. If this “gift” violated any anti corruption Laws, it needs to be given back to Swazis….full stop!

    • Waste of time, he knows this case will go no where. ECL shouldnt have taken the gift as well, thats being too careless and inviting unnecessary debates.

    • About time …this corrupt Lazy Lungu can not carry on sweeping dirt under the table and hoping no one talks about it. Next someone must sue the govt over the overpriced $1.2 billion contract and also Mukula debacle China has recieved more Mukula from Zambia than what authorities claim to have exported.

    • I just wonder what Mswati would have felt if President Lungu declined the unsolicited gift. What I know is that Heads of State everywhere exchange gifts when they meet. However, the value of such gifts will be different from one case to another. And such exchanges are normally on reciprocal basis. In this case, remember in King Mswati came to Zambia around December last year and he met with our President. I suspect that our President presented a gift to the King, but whose nature we may not know. These things happen everywhere, and I see nothing wrong.

      Do you remember Gaddafi of Libya giving a gift of camels to late President Mwanawasa? Mwanawasa in return donated the camels to ZAWA because he had no use for them. I am just saying.

    • @M.M. – its for this very reason Sean Tembo is sueing because of misinformed Zombies like yourself where did Mswati say it was his gift? And nope heads of state don’t exchange gifts in the form of plots; govts do….are you thick or just dumb Col Gadaffi didn’t give Mwanawasa the camels in his personal capacity but he gave Zambia …that’s why he handed them to ZAWA. What’s wrong with you people …seriously wake £$%^ up!!

    • Demons support criminality and corruption. There’s no way an upright angel, opposite to demon, would support corruption and thievery. Must be ashamed and probably a thief too.

    • One step forward to where..since when has a Zambian President received gifts even on paper it says “President Lungu”…its wrong

  2. The demon is the corrupt leader who breaks laws at every turn. Why are Zambians so naive and gullible. The laws are clearly there and clearly stated, and in blind zombie pinheads, you want to overlook the criminality being perpetuated by the so called head of stare busy stealing from your children. What can’t you read you hopeless cadres of a corrupt system and leader? Clean your surrounding, but mainly, clean the government too. If you have upright noble leaders, things will fall place.

  3. Would this surely take us any where? When do we talk development? Mother Zambia,we are being too petty!

    • You want development? Get rid of Lungu first. No country develops with high levels of corruption. Buying fire extinguisher at $1 million each will not bring development. Using courts by itself is a good development in itself.

    • JAYALL WHAT DO YOU MEAN PETTY? WHAT DEVELOPEMENT CAN WE TALK ABOUT WHEN ALL THE MONEY IS BEING PLUNDERED. WE NEED TO FIX THE PROBLEM THAT IS SIPHONING THE MONEY AWAY FROM DEVELOPEMENT.

    • This is another docile one …do you know who gave him the plot? Its a company that has building and road contracts with GRZ…and you call that petty. Next time you see a road costing $1million per kilometer ask yourself where all that money is going to and who is paying for it

  4. I believe this Pep is the only official opposition in Zambia that makes sense. Tembo is civilised president. What he has done is the right thing. He deserve to be acknowledged. Good opposition indeed. The court will then decide .

    We are now going to know if the judiciary is really independent now. Good move Tembo. Good opposition party indeed.

    • DJ7 : If HH had taken up this matter, he would have been labelled as a bitter tribalist so it’s just as well that people from fashionable tribes that KK and UNIP raised above everyone else took up the matter. But I am not sure it will be cause-listed or scheduled for hearing any time soon. It’s not easy in Zambia if you do not belong to fashionable tribes.

  5. This is not USA where Trump is sued for his ridiculous decisions like separating the immigrants from their kids though deportation.I know Tembo just want to seek attention for a non-starter issue.A sitting president is immune from civil suit for actions. For instance, when a drunken diplomat coming from a private party knocks down and kill a person, he is still a diplomat immune to prosecution even though he is not on official duty. Executive privilege is the power of the President of the Zambia to resist certain subpoenas and other interventions by the legislative and judicial branches of government.

    • A criminal is a criminal. There’s no Presidential privilege for stealing or breaking a law. He is only protected if the problem is related or happened in the execution of his duties. So you can try to justify a wrong but, it is a wrong from all angles. You are the people when appointed to do your duties, you perpetuate criminal behavior. You are such a disappointment and a failed person. You are not worthy of cleaning toilets. You will steal toilet paper.

    • @ Kalos2020 ..Criminal ni wiso. Get it in your head , you cannot sue a sitting president.And give me facts on the offence he committed if it qualifies to call him a criminal .Don’t just yup.

    • ******* Piinu: Shaun Tembo has sued the attorney general because ECL has done or received this gift in his official capacity. Don’t spread your ignorance or hold out your own speculation as a fact.

    • Your claim is just an academic exercise otherwise its baseless, incoherent, and unreasonable. A sitting President “can” be indicted, on state charges (by suing the attorney general as per your comment), but prosecutors are hesitant to bring charges. As the old saying goes, “If you aim at the king, you’d better not miss”. Also, since the constitution provides for the parliament to impeach and try a miscreant President, some would argue that dealing with Presidential crimes is more in parliament’s jurisdiction than in a prosecuting attorney’s. Generally speaking the president cannot be arrested, while the sitting president. For one thing, since the president can invoke presidential pardons, could he pardon himself. That’s a rather funny scenario!.

    • Kwena ulichipuba. Katwishi nechakunyele. You are the one twisting yourself and insulting people over Lungu. That’s why ba PF are a bunch of brainless people who can kill and maim others for Lungu and family to steal. You must be an embarrassment to yourself and family. What a shame!

    • Kwena ulichipuba. Katwishi nechakunyele. You are the one twisting yourself and insulting people over Lungu. That’s why ba PF are a bunch of brainless people who can kill and maim others for Lungu and family to steal. You must be an embarrassment to yourself and family. What a shame!

  6. With all the problems facing Zambia one would think that people would expend their energy on finding solutions instead of wasting time on the issue which the Swazi people can solve themselves.

    • While Lungu expends his time on stealing and corruption as he lives on and gets paid tax payers’ money? Where did you leave your mind? Go back and pick it up.

    • Ndanje Khakis: Let people resort to options legally open to them if they feel aggrieved. Whya are you uncomfortable with this?

    • Kalos2020, apart from what your ZWD and HH says do you have evidence that Edgar has stolen? If you’ve got the evidence be man enough, come out in the open instead of using the sichupid fake name. Report him to international bodies with this evidence. Otherwise just shut up. You lied about KK stealing billions only to find that the poor man didn’t even have a cabin to sleep in.

    • I don’t know how gullible you are, but I see a lot of ignorance dripping all over. Fire trucks, ambulances, $500 million govt guaranteed loan instead of $350 million, $150 million to daughter from ZESCO, are you that stupld? Coming out in the open? Do you think I am scared? What do you think Matibini is trying to hide on the impeachment? Even PF MPs are ready to let lungu go. You are an embarrassment to yourself and your children. No one supports a criminal unless they are too. What’s there in Lungu apart from corruption and thievery? Tell us. What a shame of a person you are.

  7. This is corruption pure and simple and Lungu should be held accountable.No one should be above the law its great he’s being sued .

  8. MUSHOTA AND OBATALA combined surprise.HOW CAN YOU ECONOMICALLY DEVELOP A COUNTRY WHEN THE HEAD OF STATE IN ANY COUNTRY IS LEADING IN CORRUPTION CREATION THAN FIGHTING? OBATALA whoever you are, which other serious issue do you mean it’s in the economic development of a nation than un earthing and fighting corruption of the highest degree in which the incumbent president is a participant? Stop shooting yourselves into your own feet.

  9. I see somebody has nothing better to do. This surely is not in my interest as a tax paying citizen!!!

    • Did you know you are one out of 15 million? Not everything that interests others interests you. Probably 95% of what interests you does not interest others. So if you want you can go fishing as those with critical minds and intellect try to solve this one.

    • The cost of corruption to society is enormous. In its 2017 report, Global Financial Integrity estimates that illicit financial flows (IFFs) in 2014 alone ranged from US$1.4 trillion to $2.5 trillion. The World Economic Forum estimates that the cost of corruption today equals more than 5 percent of global GDP ($2.6 trillion).
      These figures are staggering but even more staggering is what lies behind these financial calculations – a world of dire poverty and inequality that continues to be exacerbated by the distortions in income distribution and public expenditure decisions, which are influenced by corrupt practices.

    • They said the same thing when William Harrington sued Silya Masebo for abuse of power…Zambian President is not above the law.

    • At least he is not sitting on his hands like you yet you are the very people drinking Chibuku whilst complaining about poor service delivery!!

  10. Its like you have cheapen the office of the president that has so many executive powers enshrined in own constitution.compare the issue of chiluba who gave a tender to katumbi to supply arms to Zambia but never supplied anything.

  11. This Sean Tembo is a fraud star. He is on the wanted list in Botswana for running a fake Insurance and consultancy firm. He defrauded the government and a number of people. The best the government can do now is to hand him over to the authorities in Botswana.

  12. What a waste of time….many Presidents in Africa and Asia have received gifts from King Mswati.
    The world must be laughing at us.
    Basically,the opposition has RUN OUT OF FUEL on the highway.

    • I see Lungu and his supporters targeting Sean T. Tembo with harassment.

      How long do you think until Mr. Tembo gets a knock on his door from the police (or others) in the early hours of the morning?

  13. Lungu, lungu.

    This is one corrupt lawyer.

    Nothing he does is stightforward and above board. Everything is done in corners or in the dark.

    That is why lungu will never have a free press conference in case he is asked about his corruption.

    Because of all these corruption allegations He is now even too embarrassed to travel to any country that has free press and laws.

  14. I am a proud patriotic Zambian and I am embarrassed at the corruption , tribalisim and rot going on in Zambia.

    There are many PF caders who think we just hate lungu for bring lungu or PF , no.

    This is about our country. Where is the beautiful country of laws that PLM left ?
    Even RB had class and morals … not a Zambia where everything is done in grey areas where violent PF cader thugs rule…
    And don’t be duped by lungu….he delibratly let’s political violence rule.

    We have said this many times , if lungu could legalize corruption , he would.

    The only thing that will save Zambia is lungu does not have enough money to bribe everyone….those that are not bribed will sing…..

  15. It is wrong to take political issues personally. The ACC is responsible for investigations of suspected corrupt acts. When a citizen is not satisfied with what ACC is doing, then the citizen must report ACC to the appointing authorities, namely senior Government officials, including Minister of Home Affairs and President. Taking the President to Court is ridiculous because impeachment is a mechanism for challenging the legitimacy of the sitting President. Appearing in court is left to the Attorney General.

    • Please remove Dr from your name. Your ignorance and lack of depth is embarrassing. Have ever done any research in your life? How drunk was the person who bestowed Doctoratr on you? Who told you the president is above the law and cannot be sued? Do know about citizen arrest? Report to who? Where is that law you are talking about that forbids suing anyone in any office? Man, please, go and open a book and read. Your ignorance is scary.

  16. With all this obvious hatred from losers, Lungu is a hero. Figuratively, we may be in the frying pan with Lungu according to losers, but it is better than to be in the fire with the current pathetic cadre of opposition politicians who do not know whether they are moving forward or backwards. Petitions, impeachment, Eswatini, it will all come to nought, because the law is not perfect. Ask Moses. You are up against the definition of a brilliant lawyer – Lungu. Lungu get on with development. They are trying to distract you.

    • “..Ask Moses. You are up against the definition of a brilliant lawyer – Lungu…”

      If he is brilliant why was be debarred by LAZ for fraud ?

  17. Mushota’s mental erections and premature ejaculations are now striking a clearly gutless lunatical level. Is this the “finkubala” or “bakolwe” balelwa ku Luapula causing this girl to be demented in the head like this? It’s blasphemous to god that his own creation can show that disdain for logical and coherent thinking.

  18. This heartless cheap thief should never have allowed anywhere near State House. The country has regressed in every way because of this clown’s ineptitude and thievery.

    • He is not heaping anything but corruption and thievery and regression on the country. The fuul has no clue on anything or ideas to take the country to next level. He took it back 25 years. He is a failed person leading a failed state where the suffering people support stealing from them. It’s absolute testimony of how people in Zambia are a danger to themselves. Their children are suffering but they cannot ask why? What is the cause? This is tragic of being a Zambian. I think STUPlD must be our middle name.

  19. Animo farm with animos grazing in the land. Some people’s ignorance and hatred is really low! Africa, that is why we fail to develop and lag behind many. Ubututu!

  20. Tribalism is only pointed out on the a group of people who vehemently fight the government and the peace Zambia has enjoyed through a systematic code and claim of “Corruption, Incompetence, Thieves” tags. The truth behind these claims is that the guys masquerade the reality that they are a group of people who have repeatedly lost elections in the nation but will never accept defeat. They want to cause anarchy and destroy Zambia because of their tribal inclinations – the main reason they say what they say. Calling them out for their stoolpidity in 21st century is not promoting tribalism but promoting understanding and shaming their evil intents.

  21. “Truth is”, “Truth that”, hahahahaha whose truth? That is your truth. Not the actual truth. PF cadres are now confused and are displaying mental incompetence and fatigue. Stopped thinking just like their leader. It’s like they carry watermelons between their shoulders. What a shame!

  22. The perspective that,when Lungu is labelled corrupt someone will go to state house will never materialise,grow up and give us tangible alternatives that will work for the betterment of every Zambian,how long shall you be called U5,TWAPAPATA KULENI

  23. The President may not be sued in his personal capacity while in office, but may by procedure be taken to task for breaching the Constitution and other laws. Judicial reviews can be demanded to determine the legality of actions taken.
    How absurd that some of you cannot distinguish between personal actions and when it is required to determine that the President has not abrogated the Constitution that he was sworn to uphold. Can the President break laws or breach the Constitution with impunity because he is in office? Why are there impeachment provisions, for example? If he ‘messes’ with the office, he can be dealt with.

  24. You can always predict with absolute certainty when jj will appear from some crack and expose his ethnic pleasures once again.

  25. You can always predict with absolute certainty when jj will appear from some crack and expose his ethnic pleasures once again.

  26. You can also predict if a stone were to be thrown at random on the bloggers responses that if hits a NEGATIVE comment it is certainly a member of UPND or plays for Monze Swallows, sorry for HaTribes Utd.

  27. #17.1Jay Jay “No, the world is laughing at your docility and ignorance!!”.

    I have told you guys that there is nowhere under the sun where jj can hide from his upnd and tribal affiliations no matter how hard he tries. The quoted words above are straight from h.h’s vocabulary. Remember the words of h.h when he came out of Mukobeko?… Kikikikii…I will be insulted, which is typical of upnd cadtes.

  28. According to our (Zambian) constitution “The person holding executive power has immunity which continues even after he/she ceases to hold that office”- See constitution of Zambia. So this simply means that sueing of the Republican president now while his immunity holds is an exercise in futility. The best way in my view would be to request for removal of the presidents immunity then sue only when the request succeds otherwise you will keep on blaming judges day in and day out when they decide agaignst your case.

  29. The President can be impeached and even prosecuted for breach of the Constitution, other laws or commission of crimes, without the need to remove his immunity. Look at Articles 108 of the Constitution. The immunity is in personal capacity procedures.

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