President Lungu with King Mswati
President Lungu with King Mswati

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.

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34 COMMENTS

  1. The Constitution of Zambia 2016 provides that the President is not a Public Officer but a State Officer.

    Hopefully, this interpretation will be clarified by the Constitutional Court.

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    • Iwe general attorney your job is to help the public get details you are requesting. You are on the wrong side of the case.

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    • Who appoints the attorney general in Zambia? Yes, you guessed right.

      Therefore impartiality from the attorney general is void.

      There is a case to be answered here. According to Lungu, this was a gift from the King. But according to the King, this was not a gift, but purchased land.

      In any case, Lungu is a public servant. No legal jargon can justify Lungu’s actions.

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    • That was long time ago. Dismiss it, waste of time. Infact that land is golf course, not a village.
      How many Zambian villagers has lazy Kalaluka defended? Ba Edgar is firing people like Emerine, and never get bothered to check if these Likandos even report to work.

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    • THE AG IS CORRECT. OUR RICH AND VIP SERVANT OF THE PEOPLE OF THE ZAMBIAN ENTERPRISE IS NOT A PUBLIC OFFICER – PRELIMINARY ARGUMENTS.
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      If he is not a Public Officer, what is he? Ma legal definitions nayo sivintu! Okay let’s just say that we have different definitions of this compound word. One thing for sure is that the president is our “rich SERVANT”.
      Definition of civil servant: a person employed in the service of a government.
      synonyms: public servant, government official, government worker, civil-service employee; bureaucrat, mandarin, official, administrator, office-holder, functionary; jack-in-office.
      Iwe AG LK landa bwino. Are you using the legal confuse them dictionary olo what? One last definition by Merriam Webster: a person who has been legally…

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    • …elected or appointed to office and who exercises governmental functions. It is a rollercoaster of definitions.

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    • pfoooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooool full of thieves and corrupt people…lol

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    • A public officer is ordinarily defined as an individual who has been elected or appointed to exercise the functions of an office for the benefit of the public.executive officers,such as the president or state governors,are public officers charged with the duty to ascertain that the law is enforced and obeyed.source,LEGAL DICTIONARY.

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  2. The CONCOURT must also review the case that HH accepted land in his Capacity as leader of UPND from Namwala Chiefs and other Southern Province Chiefs amounting to more than 1,000 hectares.

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  3. Ba LT Pay attention to your jobs. bikeniko amano before we run away to other sources.
    Attorney General wants dismiss Eswatini land case Dismissed

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    • Come on now.

      So what if they make a mistake here or there? Just learn to extract core elements of the stories, skipping untidy grammar.

      They are providing interesting reading, and must be applauded for being brave enough to actually cover these stories. It is not easy being a journalist in a corrupt country like Zambia.

      Have a good day my brother!

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  4. The position of Attorney General is that of public office and is appointed by the President, subject to ratification by Parliament. The person appointed Attorney General should not be an appointed Minister or hold any other public office.
    The Attorney General is required to be:
    • an ex-officio member of the Cabinet • a person qualified to be appointed a Judge of a superior court.
    Functions
    • the signing of all Government Bills to be presented to the National Assembly • being the principal legal adviser to the Government • representing the Government in the courts or any other legal proceedings to which Government is a party • any other functions assigned to the Attorney General by the President or by any other law The Attorney General is entirely independent from any political…

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    • influence and is therefore not subject to the direction or control of any other person or authority. The Attorney General is also a member of the Judicial Service Commission, Chairperson of the Anti-Money Laundering Authority, Chairperson of the Council of Legal Education and Chairperson of the Legal Practitioners’ Disciplinary Committee. He is also the competent authority for mutual legal assistance in criminal matters and extradition.

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    • It seams his role is that of serving the president and only him. During his tenure he has overseen legal blander after legal blander.The system is screwed up, the appointing authority is known for his mediocre choices at all levels, so he can have absolute power.And Kalaluka draws a hefty salary month in month out ,what a shame!

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    • I feel sorry for professionals in this useless government,very few will leave with their reputations intact,all because of Edgar.Edgar why not just crucify yourself,these are young men and women who deserve a future,and for most of them they can only preserve their reputation by resigning.Are you being fair?Whichever immigration official spearheaded the deportation of Proff Lumumba will one day be asked to account for his actions,he might be sacrificed tomorrow together with Kamyongo,offcourse i dont mind about Kampyongo,he will have his deserved day in court….but what about the immigration officer,you are not being fair sir…

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    • HH worked in the garden and he got the fruit of the garden and sent it to PANAMA! Privatization Chief Thief.

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  5. There u go another scandal, the surprises don’t stop with this guy. Scandal after scandal. Pompwe

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    • We told you if Hakainde had his way corruption would be the theme of the country. If someone through corruption enriched himself in the privatization fiasco what do you think would happen if he became president? He already is an expert in guritsaring! Afuna kukuritsa ziko.

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  6. United Nations Convention against Corruption, Article 2:
    For the purposes of this Convention: “Public official” shall mean: (i) any person holding a legislative, executive, administrative or judicial office of a State Party, ….
    Republic of Zambia has ratified this Convention on 7th December 2007
    Therefore meaning of “Public official” is crystal clear.

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  7. So, if the president is not a public officer, does that mean he is classified as a private employer? Let’s be clear, he holds a publisher a publisher c office voted in by the public which makes him a public servant by merit of votes. Okay suppose d we stopped calling him a public officer, then what is his purpose and by default who should he be serving? Let’s not just throw in terms here, let’s undress the whole debate from both sides so we all agree to disagree or agree..

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