Lusaka lawyer, John Sangwa SC has scoffed at pronouncements by Sesheke member of parliament, Romeo Kangombe that he will move a motion to lift former President Edgar Chagwa Lungu’s constitutional immunity.
Sangwa said Article 98(5) only empowers the President to take to Parliament, a report of prima facie case and move the motion.
98(5) “Where there is prima facie evidence that a person who held the office of President or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the President shall submit a report, outlining the grounds relating to the offence allegedly
committed, to the National Assembly, requesting the National Assembly to remove the immunity from criminal proceedings of that person.”
Mr. Sangwa said says only the Republican President has the power to move a motion for the removal of the Immunity of a former president and not a member of parliament.
He said when lifting President Chiluba’s immunity, President Levy Mwanawasa had to summon a special session of Parliament.
He said although Justice Minister Wynter Kabimba in 2012 proposed the motion to lift Rupiah Banda’s immunity, this was a great irregularity.
He said the new Constitution has since strengthened the provisions requiring a prima facie case of criminal acts to be established and a two-thirds majority of MPs at the voting stage.