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SOURCE- $Zambia_Daily_Mail
THE Lusaka High Court has removed Acting President Guy Scott and Minister of Justice Edgar Lungu from proceedings in which politician Newton Ng’uni is seeking judicial review over transfer of presidential instruments of powers.
High Court judge Gertrude Chawatama said yesterday that Dr Scott and Mr Lungu, who is also Minister of Defence, be removed from court proceedings because they acted in their capacities as public servants.
Ms Justice Chawatama is also expected to make a ruling today on whether or not the court should expunge from the record information directly referring to Cabinet meetings that Mr Ng’uni and Mr Lungu submitted as part of their evidence on grounds of “top secret information”.
“The judge has agreed with what we submitted that Dr Scott and Mr Lungu be removed from court proceedings,” Attorney-General Musa Mwenye told journalists after attending the hearing which was held in camera.
Mr Ng’uni sued Dr Scott, Mr Lungu and Mr Mwenye seeking a reversal of the transfer of presidential instruments of power from Mr Lungu to Dr Scott following President Sata’s death on October 28, 2014.
This prompted Mr Mwenye to file an affidavit in support of summons to drop Dr Scott and Mr Lungu from the proceedings.
He argued that it was him who should be taken to court, not Dr Scott and Mr Lungu, because they acted within the course of their duties and in their capacities as public officers.
Mr Mwenye also asked the court to remove from the court records information that was submitted by Mr Lungu and Mr Ng’uni that are directly related to a Cabinet meeting, saying it was a criminal offence for one to divulge such information.
High Court judge Gertrude Chawatama said yesterday that Dr Scott and Mr Lungu, who is also Minister of Defence, be removed from court proceedings because they acted in their capacities as public servants.
Ms Justice Chawatama is also expected to make a ruling today on whether or not the court should expunge from the record information directly referring to Cabinet meetings that Mr Ng’uni and Mr Lungu submitted as part of their evidence on grounds of “top secret information”.
“The judge has agreed with what we submitted that Dr Scott and Mr Lungu be removed from court proceedings,” Attorney-General Musa Mwenye told journalists after attending the hearing which was held in camera.
Mr Ng’uni sued Dr Scott, Mr Lungu and Mr Mwenye seeking a reversal of the transfer of presidential instruments of power from Mr Lungu to Dr Scott following President Sata’s death on October 28, 2014.
This prompted Mr Mwenye to file an affidavit in support of summons to drop Dr Scott and Mr Lungu from the proceedings.
He argued that it was him who should be taken to court, not Dr Scott and Mr Lungu, because they acted within the course of their duties and in their capacities as public officers.
Mr Mwenye also asked the court to remove from the court records information that was submitted by Mr Lungu and Mr Ng’uni that are directly related to a Cabinet meeting, saying it was a criminal offence for one to divulge such information.
Zambia Daily Mail
