The Attorney General has asked the Constitutional Court to dismiss PeP Leader Sean Tembo’s petition in which he is seeking a declaration that President Edgar Lungu violated the constitution when in his official capacity accepted a gift of land from King Mswati of Eswatini.
Likando Kalaluka wants the petition to be dismissed because the petitioner is not entitled to the claims he seeks against the head of state adding that the all the claims in the petition are unsubstantiated , misconceived and lack merit.
The Attorney General has submitted that it is incumbent upon the petitioner to prove that the Republican President is a public officer as envisaged under the ACC Act , that he did receive a gift a gift from King Mswati and that the gift so received by Mr Lungu was received using his position as republican , President , office , authority or any information in his possession as President.
Mr Kalaluka is arguing that a person holding the office of President is not a public officer this is because the constitution which is the supreme law of the land excludes a person holding such office from being a public officer.
He adds that the ACC Act is surbodinate to the constitution and as such even if the definitions of public officer are contradictory which he denies , the provisions of the constitution take precedence as guided by Article 1 of the constitution which states that a person holding the office of President is not a public officer.
In his petition the petitioner (Mr Tembo) wants a declaration that the President is a public officer and that all public officers in their official capacity were prescribed by law to obtain gifts other than casual gifts from people.
A further declaration that President Lungu violated section 3 , 21 (1) (b) and section 66 of the Anti-corruption Act No.3 of 2012 of the Republican constitution when in his official capacity received a gift of land from his Counterpart King Mswati.