Thu, 10 Aug 2017 10:00:28 +0000
By Chintu Malambo and Kalobwe Bwalya
This is an application in which UPND secretary-general, Steven Katuka has asked the Constitutional Court to join President Lungu and Patriotic Front secretary-general, Davis Mwila to proceedings concerning Mr Lungu’s candidature in 2021.
President Lungu, through Solicitor-General, Abraham Mwansa, told the court on Tuesday that the constitution of Zambia prohibits the President from being sued or him suing in a civil matter while still holding the position of Head of State of Zambia.
Mr Mwansa said, the President cannot be dragged to court as doing so is unconstitutional and against the established principles of constitutional law that grants immunity to the President against civil proceedings while in office.
Mr Mwansa told Judge Munalula that, President Lungu cannot be forced to join a case as an applicant especially that the person sued in the same case as respondent is the Attorney General who is also expected to represent the President.
“It will be embarrassing for the Attorney General to be both applicant and respondent in the same matter,” said Mr Mwansa.
And Mr Katuka argued through his lawyers Keith Mweemba and Mr Gilbert Phiri that President Lungu was being sued in his individual capacity as a person who had expressed intentions to stand in 2021.
This is a matter in which the UPND applied to the Constitutional Court to join President Lungu and PF as applicants in a case in which the court is yet to determine whether President Lungu is eligible to contest the 2021 elections.
Opposition leader Dan Pule and two others sued the Attorney General contending that President Lungu was eligible to contest the 2021 elections and are asking the Constitutional Court to declare him as eligible as he has not served two years of five years.
PF through its lawyer also asked the court not join the party as they cannot be forced to be applicants in the matter when they have not consented to join the proceedings commenced by opposition parties.
