‘No public comments on Ng’uni case’
Published On November 14, 2014 » 2027 Views» By Administrator Times » HOME SLIDE SHOW, SHOWCASE
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high court 628x350By DELPHINE ZULU –

THE Lusaka High Court has directed parties in a case in which retired politician Newton Ng’uni is challenging the hand-over of presidential powers from Justice Minister Edgar Lungu to Acting President Guy Scott not to make public comments on the matter.
Meanwhile, hearing of the matter was adjourned to November 28 to allow Dr Scott make his written submissions.
High Court Judge Gertrude Chawatama made the directive yesterday when the matter came up for hearing in chambers to all parties, until the matter was disposed of.
She said no comments or statements should be made to members of the public, including media statements or interviews on the matter to avoid jeopardising the proceedings as well as committing contempt.
Mr Ng’uni has dragged to court Dr Scott, Attoney General Musa Mwenye and Mr Lungu as first, second and third respondents, respectively.
He was challenging the decision to transfer the instruments of power from Mr Lungu to acting President Scott, asking the court to reverse the decision by Mr Mwenye to transfer the acting presidency to Dr Scott, saying it was illegal.
However, hearing could not proceed yesterday because Dr Scott and Mr Mwenye had received the documents late (Thursday) and had no time to prepare their responses as the matter was scheduled for hearing yesterday.
In his notice of application for leave to apply for judicial review, Mr Ng’uni said the Cabinet meeting that purportedly resolved that the instruments of power be transferred to Dr Scott had no authority to discuss such transfer of power.
He said there was no vacuum of power because the instruments of power were already being held by Mr Lungu and Mr Mwenye deliberately misled Cabinet because of ulterior motives and irrelevant considerations without regard to national security.
Mr Ng’uni further said that Mr Lungu had no authority to re-delegate power which he was exercising under delegated authority from President Michael Sata.

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