By GRACE CHAILE LESOETSA
UPND has asked the Lusaka High Court to set aside the matter in which Prospect Tech Limited sued the party and Hakainde Hichilema over a K520, 000 debt as the Republican President cannot be sued.
In this matter, commenced last year, Lusaka businessman Prince Siame and Prospect Tech Limited sued Mr Hichilema as party president, Mr Katuka in his capacity as UPND secretary general, Ms Miriam Masando (organising committee chairperson for the card renewal) and UPND Registered Trustees, seeking an order that UPND be declared bankrupt for failing to pay a K520, 000 debt and that the party be dissolved and deregistered.
But UPND has filed an application to set aside the originating process as it does not disclose actionable cause of action against the defendants and that now that Mr Hichilema is Republican President, he cannot sue or be sued .
They also contend that Mr Katuka is no longer secretary general of the party and therefore had no interest in the lawsuit.
“Judicially noticed that the third defendant was recently elected President of the Republic of Zambia and he cannot be sued or sue. Order 98(1) of the constitution of Zambia state; ‘A person shall not institute or continue civil proceedings against the President or a person performing executive function..’ With this position we submit that the action against the third defendant is unsustainable and accordingly be dismissed,” UPND submitted.
