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Lungu removed from court case

PRESIDENT Edgar Lungu has been removed as respondent in a matter where Chapter One Foundation limited wants the Zambia Correctional Service (ZCS) bill no.35 quashed on ground that he assented to it after dissolution of Parliament.
Chapter One Foundation in its petition filed by State counsel John Sangwa in the Constitutional Court states that ZCS Act no.37 of 2021 is not law or legislation enacted by the parliament and therefore null and void.
The Non- Governmental Organisation (NGO) cited President Lungu as respondent.

However, Attorney General Likando Kalaluka applied to be joined to the case because the proceedings are civil in nature and he is the right person to be the respondent and not President Lungu.

Mr Kalaluka stated that the President is a public officer who enjoys immunity and cannot therefore be a party to these proceedings in accordance with article 98 of the constitution.

The NGO opposed the application arguing that the matter is not civil or criminal, which is covered under article 119(2)(a) of the Constitution but constitutional in that it comes within the ambit of article 119(2)(b) since it relates to the exercise of the authority vested in President Lungu by the Constitution. It urged the court to dismiss the AG’s application for joinder and misjoinder for lack of merit.

But the court in its ruling delivered by Judge Judy Mulongoti granted the application for misjoinder and joinder as prayed by the AG.

Ms Justice Mulongoti said that the law provides that the AG as chief legal advisor will represent government in all civil proceedings to which the State is party.

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