THE Lusaka High Court has ruled that acting president RUPIAH BANDA should continue to enjoy presidential privileges and benefits.
ZNBC reports that this is in a case in which the Anti-Rigging Zambia Limited sued Mr BANDA saying he ceased to be vice president from the time he filed in his nomination papers for the presidential elections.
It said Mr BANDA was not entitled to perform presidential functions or the benefits of that office and that he should not enjoy or use public resources to fund his campaign.
But Lusaka High Court judge PHILIP MUSONDA ruled that article 43 (1) gave the acting president absolute immunity from having proceedings instituted against him in any court of law in respect of anything done or omitted to be done in his private capacity.
The judge ordered that Mr BANDA will continue to act as president and enjoy the privileges and benefits attached to that office until the democratic process resolves the issue of the presidency.
Judge MUSONDA noted that the case was a constitutional matter that had raised a novel issue and that there would be no order for costs.
He said during hearing attorney general MUMBA MALILA said that article 43 (1) of the constitution, a person holding the office of the president was not amenable to criminal or civil proceedings in respect of anything done during his tenure of office.
Mr MALILA said that the article was categorical and operated to prevent the institution of any court process against the acting president or as a person performing the functions of the president.
But lawyer for Anti-Rigging Zambia Limited KELVIN BWALYA argued that the article referred to when such a person was taking administrative action or an executive decision in consultation with cabinet.
Mr BWALYA argued that the filing of nomination papers as presidential candidate was not an executive function or that of a president because even any other person could have filed in the papers.
ZANIS/ZNBC/ENDS