CAROLINE KALOMBE, Lusaka
HIGH Court judge Gertrude Chawatama has ordered that no-one should issue statements on the matter in which former deputy minister of Finance Newton Ng’uni has applied for judicial review over Attorney General Musa Mwenye’s decision to transfer the instruments of power from Minister of Defence Edgar Lungu to acting President Guy Scott.
Mr Ng’uni is seeking leave to apply for judicial review in the Lusaka High Court to reverse the decision.
Mrs Justice Chawatama told the parties in the matter that no-one should make any statements that are prejudicial to the matter until it is disposed of.
Mrs Justice Chawatama has adjourned the matter to November 28 this year to allow Mr Mwenye and Dr Scott to file their response on the matter.
And Mr Mwenye said no adverse orders have been made against Dr Scott.
Mr Ng’uni said in an affidavit that Mr Mwenye allegedly misled Cabinet resulting in an illegal assumption of power by Dr Scott.
Mr Ng’uni claims Dr Scott is allegedly not qualified to act as President and that he is doing so illegally.
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 power vacuum because the instruments of power were already with 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.
In response to the affidavit, Mr Lungu has said he was forced to surrender the presidential instruments of power to Dr Scott after allegedly being threatened with arrest for treason by Mr Mwenye.
He said members of Cabinet who were present at the meeting felt that the advice and position taken by Mr Mwenye were wrong and misleading.
Mr Lungu said it was at that point that Mr Mwenye allegedly stated that opposing his position would be committing treason.
Mr Lungu claims that it was at this meeting that Mr Mwenye insisted that he hand over the instruments of power to Dr Scott as President Sata, who was his appointing authority, had died.
FORMER National Constitution Conference deputy secretary Newton Ng’uni (second right) leaving the High Court in Lusaka yesterday. On the right is Zambia Development Conference president Langton Sichone. Mr Ng’uni is seeking judicial review against the decision of Cabinet to transfer power from Edgar Lungu as acting President to Dr Guy Scott during a Cabinet meeting held on October 29. PICTURE: MACKSON WASAMUNU
