By PERPETUAL SICHIKWENKWE –
THE Lusaka High Court will on Wednesday pass a ruling on whether or not Acting President Guy Scott and Defence and Justice Minister Edgar Lungu should be removed from the proceedings in which a Lusaka politician, Newton Ng’uni has sued them over the transfer of presidential instruments of power.
Judge Gertrude Chawatama is also expected to pass a ruling on whether or not the court should expunge from the court record information directly referring to Cabinet meetings that Mr Ngu’ni and Mr Lungu submitted as part of their evidence to court on grounds that it is top secret information.
Mr Ng’uni has sued Dr Scott, Mr Lungu and Attorney General Musa Mwenye seeking a reversal of the transfer of presidential Instruments of power from Mr Lungu to Dr Scott following President Michael Sata’s death on October 28, 2014.
But Mr Mwenye on Tuesday filed an affidavit in support of summons for misjoinder  asking the court to remove Dr Scott and Mr Lungu from the proceedings, saying it was him who should be sued and not Dr Scott or Mr Lungu because they acted within the course of  their duties and in their capacity as public officers.
Mr Mwenye also asked the court to remove from the court records information that was submitted by Mr Lungu and Mr Ngu’ni that direct related to a Cabinet meeting, saying it was a criminal offence for one to divulge such information.
All parties involved in the legal suits spent more than six hours deliberating before Ms Chawatama yesterday.
Ms Justice Chawatama later adjourned the matter to Wednesday for ruling before hearing Mr Ng’uni’s main cause of action.