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‘Review power shift’

FORMER Finance deputy minister in the MMD government Newton Ng’uni has appealed to the High Court for leave to apply for judicial review to reverse the decision to transfer the instruments of power from Minister of Justice Edgar Lungu to Vice-President Guy Scott.
This is according to an ex-parte notice of application for leave to apply for judicial review filed in the Lusaka High Court against Dr Scott, Mr Lungu and the Attorney General Musa Mwenye.
In the affidavit in support of the application, Mr Ng’uni contends that he read the Zambian constitution and believes that when the office of the President becomes vacant by either death or resignation or removal from office, an election must be held within 90 days.
He further argues that a person holding the presidential instruments of power must hold such instruments and continue to discharge the functions and duties of the office until another citizen qualified to hold the office of president is elected.
Mr Ng’uni adds that this was not followed by Mr Mwenye, Dr Scott and Mr Lungu but that instead Cabinet resolved that Mr Lungu as the person performing presidential functions relinquish the instruments of power,
He alleged that Mr Mwenye threatened that if that did not happen, Mr Lungu and other cabinet ministers would be charged with treason.
Mr Ng’uni alleged that Mr Mwenye misled cabinet resulting in an illegal assumption of power by Dr Scott, who he alleged is not qualified to act as president and that he is allegedly doing so illegally resulting in a constitutional crisis.
He claims that the cabinet meeting which resolved that the instruments of power be transferred to Dr Scott had no authority to discuss such transfer of power as there was no vacuum in power as the instruments of power were already being held by Mr Lungu.
Mr Ng’uni further contends that Mr Lungu had no authority to re-delegate power which he was exercising under delegated authority from late President Sata.
He wants the court to grant leave for judicial review to reverse the decision to transfer the instruments of power to Dr Scott at a cabinet meeting from Mr Lungu, who was already performing the functions of the office of the President.

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