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Lungu Was Forced To Hand Over Power, High Court Orders Inquiry

10689902_645400678913364_4742811172965362092_nThe Lusaka High Court has today ordered an inquiry into how the Attorney General and Secretary to the Cabinet transferred power from Acting President Edgar Lungu to Vice-President Guy Scott following the death of President Michael Sata.
Justice Gertrude Chawatama has set Friday, November 14,2014 as the date for an inter-parte hearing into the case regarding the controversial transfer of power from Mr Lungu to Dr Scott. This is the matter in which a judicial review application has been filed against the decision of cabinet to transfer power from Mr Lungu to Dr Scott.
The court order follows a petition by Mr. Newton Nguini who has sued Dr. Guy Scott as first respondent, Attorney-General Musa Mwenye and Hon Edgar Lungu as second and third respondents respectively.
Under Order 53(3) of the Supreme Court Rules, Mr Nguni sought judicial review against the decision of the respondents to transfer power from Hon. Lungu to Dr Scott under Gazette Notice No 638 of 2014 at a cabinet meeting held on 29th October 2014.
Mr Nguni relied on sworn evidence by the Minister of Tourism Hon. Jean Kapata who has submitted that no Gazette Notice, no Letter of Transfer of Power and no instrument were signed to signify the transfer of power from Mr Lungu. As a result, she contends that the decisions of the Attorney General and Secretary to the Cabinet were illegal and requires urgent address.
Hon. Kapata has submitted that the transfer of power was done under duress and threats of treason against Mr Lungu and all ministers who opposed Mr Mwenye’s opinion.
“Mr Musa Mwenye insisted that if Mr Lungu did not surrender the instruments of power, he would be charged with treason, including all cabinet ministers who opposed his advice,” Hon Kapata says.
Hon. Kapata further explains that when Home Affairs Minister Dr Ngosa Simbyakuka, a constitutional lawyer, argued against Mr Mwenye’s opinion and was joined by Hon. Joseph Kasonde and Hon. Professor Nkandu Luo in challenging the validity of the Attorney General’s opinion, heightened threats of arrest were made by Mr Mwenye.
Mr Mwenye then came back with even a more direct threat if the ministers continued to argue with him, the police would then move in and arrest them for treason.
At this point the meeting adjourned to 09:00 hours and on resumption, Mr Mwenye continued with his threats that Mr Lungu should handover power to Dr Scott otherwise he and all ministers opposing this view would be charged with treason.
“I believe that what happened at this 2nd meeting of the cabinet is illegal and requires urgent redress,” Mrs Kapata submits.
And Mr Lungu, in his affidavits in support of the motion submits that the Attorney General warned him that police were on stand-by to arrest him and other cabinet ministers opposed to his opinion.
Mr Lungu submits that the Attorney General instilled fear in him and cabinet ministers forcing him to surrender the instruments of power to Dr Scott.

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Posted by on November 12, 2014. Filed under HEADLINES. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

46 Responses to Lungu Was Forced To Hand Over Power, High Court Orders Inquiry

  1. Laso

    November 12, 2014 at 2:18 pm

    Well well well, looks like the chickens are finally coming home to roost huh? For the first time i fear for the peace of our lovely country. Greed has really taken root in our country and this might just set the country on fire..God help us

    • tick tock

      November 12, 2014 at 10:13 pm

      tick tock tick tock tick tock…

  2. I Think Fyachilamo

    November 12, 2014 at 2:23 pm

    I was wondering how a person who was left with the instruments of power by the president (Edgar Lungu) was stripped of the powers. So this was the case? Then Guy Scot and the other cartel guys must be charged with treason…

    Nalefwaya ukumfwikisha.

    • Jeff

      November 13, 2014 at 7:09 am

      Simple case. The succession law is very clear as who takes over when the president dies. Too much time to waste.

  3. kabaso

    November 12, 2014 at 2:24 pm

    we used to laugh about refuges coming in from other countries because of wars, now its us Zambians who will soon be running to other countries because of few selfish individuals. they want to grab power come what may.

  4. kabaso

    November 12, 2014 at 2:26 pm

    But also remember that we will not vote for you come March 2015. Mwaela balls.

  5. TUMELO

    November 12, 2014 at 2:30 pm

    Within 48 hrs after putting the remains of there leader. Thats why i owez say in PF their is no order even same Heads of State who came to morun wth us have not yet left the country fya amba ifyongo.
    It is just a matter of sitting down & solve nako its just acting President on remaining days upto by-elections.

    “Thats why the late was saying USELESS MPs or IFIPUBA”

  6. Ndeloleshafye

    November 12, 2014 at 2:37 pm

    First who is this chi mwenye we are fade up with this mweee arrest this law breaker because he can destroy our lovely country. Please let the court take this matter serious

  7. Lilian

    November 12, 2014 at 2:41 pm

    NKANI YALULA……..

  8. MUSADABWE

    November 12, 2014 at 2:45 pm

    Edgar God Is Fighting For U. Come 2015 U Will Be In State House. There Is No Opposition Party Which Is A Threat. Hh Will Comit Sucid

    • Pipo

      November 12, 2014 at 2:57 pm

      Wishful thinking amwe ba Musadabwe taa. Ni pa janza penka

  9. IF NOT

    November 12, 2014 at 2:53 pm

    Yes Edgar put everything in GOD and ignore your critics

    • Judge Joe Bidden

      November 12, 2014 at 3:40 pm

      But God said he doesnt want to be involved in Zambian politics any more…

  10. Muloto

    November 12, 2014 at 2:59 pm

    My firm believe is that Guy Scott does NOT qualify to occupy the Presidency. He is barred by the Constitution through the parentage clause and therefore he cannot claw his way to Presidency by appointment of the ‘black’ or ‘big animal in the forest’ as VP as he referred to his friend, SATA (MHSRIP) yesterday.

  11. Kennedy

    November 12, 2014 at 3:14 pm

    Ahaaa! no wonder the latest statement by LAZO on Scot. Musa Indian

  12. ronwe

    November 12, 2014 at 3:18 pm

    Imwe mwe bantu, let Guy Scort continue for the remaining days then adopt Edgar for bye elections if our democracy is mature.

  13. Ulubunda

    November 12, 2014 at 3:23 pm

    There may not be anything wrong with having Guy Scott acting. However, there is everything wrong with the way he assumed power. If indeed, it is true that Musa Mwenye was using threats and that he lied about Mpombo’s acting, then he is a wrong chap altogether. He must go immediately.

  14. brian

    November 12, 2014 at 3:48 pm

    All that is pointless to take scott to court what matters is what the law is saying with or without force of transfer of power, that was illegally going to take place on the issue of transfer coz its in the law, and was approved by members of the parilmament, what Edgar Lungu as to do is wait for the 90 days, and take over the party and sit for by-election use ur brain my man though I love u, u have dispointed me.

  15. doubleble

    November 12, 2014 at 4:08 pm

    Instead of concerntrating on de comin by elections,u ar busy goin 2 court over a meaningless 90 days. Yaba dis power,mukepayana

  16. doubleble

    November 12, 2014 at 4:10 pm

    After de guy scot issue is passed,watch hw de anti guyscot camp will turn on each other. Very greedy pipo

  17. Pig

    November 12, 2014 at 4:27 pm

    There’s nothing wrong with threats especially if he was resisting to handover the instrument to the vice who was empowered by the law (constitution)

  18. kasman

    November 12, 2014 at 4:47 pm

    What is about this so called Mwenye!!. Flush him out.

  19. kaziya james

    November 12, 2014 at 5:04 pm

    the constitution says it all.why should lungu keep on holding to a tempral job while a big meal is coming.then people ar just after confusions.

  20. Quest

    November 12, 2014 at 6:12 pm

    The level of brinkmanship and lack of sobriety in PF is catastrophic!!! Whereas group think is bad/discouraged for any organisation and opposing views need to be espoused/debated. However, OBJECTIVES of the organisation should remain SUPREME. Opposing factions need to get over fractious episodes, embrace each other in pursuit of the ORGANISATION’S NOT INDIVIDUALS’ goal and move on. Failure to reach consensus from the 13th November CC meeting/drop this tragic high court comedy and chart a common way forward and the PF will be doomed to scoop the record of the shortest period ruling party!!!

  21. Mulenga Umwina Lubemba

    November 12, 2014 at 6:16 pm

    Ba pf you are completely out of power. All these are just signs. Why are you still fighting??? Most of you will soon start appearing in courts. You are all fulish politicians. You colleague is now busy establishing himself. Ba kabwa imwee…!!!

  22. Nc'wala

    November 12, 2014 at 7:56 pm

    Ba Edgar seems to be a coward, being a lawyer himself with all the {tools/weapons} instruments of authority he should have stood his ground.Being the acting President,SG of PF, Defence minister,Justice minister, a lawyer himself surely he couldn’t put up some resistance.Am not a lawyer but in my opinion I see some strong weakness in the personality. Seems to have reacted only when people queried him.

  23. peddle

    November 12, 2014 at 8:43 pm

    Let the court of law help us to put thise case to bed and let what ever the court will say every one of you shud accept and move on

    • judas carliot

      November 12, 2014 at 9:58 pm

      To me it means Edgar is a caward. Why did he let go hiis powers to the foreigner muzungu

  24. lemba

    November 12, 2014 at 11:38 pm

    I support mr lungu’s resolve to seek judicial review. I believe the cartel has planned its work very well as can be seen from the sadden sacking of lungu. As already demonstrated these people are up to no good. They must be stoped at all costs.

  25. Sakeni

    November 13, 2014 at 1:01 am

    some of my great friends I have are white people but scort is up to no good. Lungu and the group we are behind you safe guard this country scort can even go back to scortland very easily were can we go. The instruments of power is not safe with scort he is not mature though he has many years,

  26. Bwalya

    November 13, 2014 at 1:09 am

    Guy does nt qualify

  27. John kabengele

    November 13, 2014 at 2:48 am

    Who forced him, Kwai chipuba, if is indeed, a lawyer, he should have stood on his grounds, chungwa , kwatichaice. And you want to stand as a president, mwenya, is going to ask you, where did say such words? Was it at gun point? And what are you going to answer. Ala kuli ubupuba Pali Lungu. Guy, just bully him? Chipuba for sure

  28. John kabengele

    November 13, 2014 at 2:53 am

    This case is going no where. Keep postponing, till HH, catch up, with campaigning
    And you still be in High Court, what waste of energy.

  29. mwela

    November 13, 2014 at 7:28 am

    does it mean we have a useless AG in our country

  30. Muzo West

    November 13, 2014 at 7:40 am

    watch out Lungu will come and sort them out

  31. Makumba Kangwa

    November 13, 2014 at 7:47 am

    Fred membe at it again.Very cunning fellow. He will find himself in state house.

  32. illuminatti

    November 13, 2014 at 7:55 am

    did EdgarLungu receive a written appointment from Sata? what does our constitution say in the event of a president’s death?
    kindly shade more light in these constitutional matters.

  33. illuminatti

    November 13, 2014 at 7:56 am

    did EdgarLungu receive a written appointment from Sata? what does our constitution say in the event of a president’s death?
    kindly shade more light on these constitutional matters.

  34. lungu

    November 13, 2014 at 8:05 am

    Zambians wake up!!!! ba PF ifyabupuba fyachila…

  35. lungu

    November 13, 2014 at 8:33 am

    The problem with PF at the moment is that, they want a president they can easily manipulate, look at Kapata…are these the kind of leaders we can entrust with power to rule Zambians??? these are not leaders,she is not even worthy a minute on the media. Zambia is not short of leaders and if PF thinks there is no opposition they will learn from this by-election. we love PF but we are not happy with what is happening in the party and Zambians will not allow and tolerate this behavior. Respect the acting president….

  36. Ganizani Kulibe

    November 13, 2014 at 9:17 am

    The Zambian Law is straight forward. SUBSTENTIVE VICE PRESIDENT acts as President .
    Late President Sata left Guy Scott as Vice President and he knew why he never RE appointed anyone to this post.
    When late president Sata was alive Guy Scott was seen to be black. And none raised a voice to then Presindent to change guy Scott.
    Today after his death, of members have workmen up to see that guy Scott is WHITE!
    These same people supported his appointment as Vice President from inception. If they can oppose him now , what it means they never respected the late president Sata. Because he is no more they see guy Scott as not a Zambian .
    Who are been racists here.? You used to talk about Zambia been none racial. See the same people that elected Guy Scott and supported him today he is white and not Zambian .

    STOP THIS STUPIDITY AND ACCEPT THAT HE IS ZAMBIAN TOO, EQUALLY HE IS FREE TO STAND FOR PRESIDENCY. BE UNITED OR LOSE TO THE OPPOSITION PARTIES,!

    • Trixy

      November 13, 2014 at 9:45 am

      @Ganizani….The best comment so far (in my opinion). Guy is more of a Zambian than a lot of people in PF> He was born here. Has been in politics since the Kaunda regime. Has been with PF and Michael Sata in particular for a very long time…As for Edgar Lungu, cant never vote for a drunkard and a thief. This man has been blacklisted by LAZ for stealing clients’ money. Wake up and smell the coffee. The problem here is that PF cadres want to put someone they can manipulate at the expense of the Zambian people……BUT WE WONT ALLOW THAT. ENOUGH IS ENOUGH.

  37. Trixy

    November 13, 2014 at 10:41 am

    @Ba Rich….are you listening to yourself? Some of you tribal bembas please take this as a TIMELY WARNING…if you keep undermining other tribes and at the end of day expect them to vote you into power, then you have a big problem. Infact this kind of attitude will backfire on you one day. Mark my word. Everything that has a start has an ending. Mind you 50% of Zambia’s population is not made up of bembas. So if the rest of Zambia down their tools and decided not to vote for bembas, you think you can continue ruling Zambia? Anyway I now realise why HH is not famous among the bembas, it is not because he does not merit the position of president but because he is not a bemba or from Eastern Province. MY GOD THIS GIVES ME EVEN MORE REASON WHY I, MY FRIENDS AND FAMILY MUST VOTE FOR HH?!!!!

    • lungu

      November 13, 2014 at 11:54 am

      Trixy, we are in this together!!! my family and I….

  38. ONETIME RELOADED

    November 13, 2014 at 11:46 am

    MAMAMAMAMAMAMA GOD PROTECT US,TWAPAPATA PLEASE

  39. jack

    November 14, 2014 at 1:57 pm

    I userd to see sata in Guy scot, but i have just réalised that scot is a beast. All peace loving zambians , let us show scot an exit door.