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SOLICITOR-GENERAL Musa Mwenye has applied that his predecessor Abyudi Shonga should withdraw from representing the Law Association of Zambia (LAZ) in the case in which it is challenging the appointment of the Acting Chief Justice Lombe Chibesakunda.
Mr Mwenye submitted that Mr Shonga, who is lead counsel in the case, should withdraw from the proceedings because it was unprofessional.
This is in a case in which LAZ has sued the Attorney General and Acting Chief Justice Lombe Chibesakunda over the latter’s appointment.
LAZ is seeking a declaration that the re-appointment of Ms Justice Chibesakunda as Supreme Court Judge in May 2002 was illegal, null and void and that she should vacate the office of Supreme Court Judge.
LAZ is also seeking a declaration that the President may not appoint a person who has attained and exceeded the age of 65 years to the office of Judge of the High Court, Supreme Court, Deputy Chief Justice or Chief Justice.
When the matter came up before the Deputy Registrar Charles Zulu on Friday, Mr Mwenye submitted that Mr Shonga withdraws from proceedings because it was not only unprofessional under professional rules but also under the provisions of the State Security Act.
He submitted that it was unprofessional under Rule 33 of the Legal Practitioners Practice rules of 2007.
This is because Mr Shonga was appointed Solicitor General in 2009 and in 2010, the second year of the contract, he was appointed Attorney-General according to Article 54 of the Constitution.
Mr Mwenye told the court that according to Article 54 of the Constitution, the Attorney-General was the principal legal advisor of the Government and Article 55 of the Constitution states that the Solicitor-General deputises the Attorney-General.
He said Article 54 provides that a contract cannot be concluded without the advice of the Attorney-General and that during the contract entered between Ms Justice Chibesakunda and the Government, Mr Shonga was Solicitor-General and later Attorney-General.
In response, Mr Shonga said he was not Attorney-General in May 2012 and urged the court to take judicial notice that he was appointed Solicitor-General in August 2009 after the renewal of the first contract which was not the contention before the court.
The matter, which was initially being heard in Lusaka, has been transferred to Kitwe and was adjourned to December 6, 2013 for ruling.
