By DARIUS CHOONYA
Attorney General Likando Kalaluka has asked the Constitutional Court to remove President Edgar Lungu from a petition in which Chapter One Foundation has accused him of contravening the constitution by signing into law the Zambia Correctional Service Bill No. 35 of 2021 after the dissolution of parliament on May 13, 2021.
Mr. Kalulaka has submitted before court that Article 98 clause 1 of the Constitution states that a person shall not Institute or continue civil proceedings against the President or a person performing executive functions.
In his application for joinder and misjoinder, the Attorney General instead wants the court to join him as the respondent.
In this Petition, Chapter One Foundation Limited led by Former Law Association of Zambia President Linda Kasonde claims that the president contravened Article 63 clause 1 of the Constitution, which allegedly does not allow an incumbent President to perform legislative powers as the same powers expire after the dissolution of Parliament.
The Petitioners says after the dissolution of parliament, the President is only allowed to perform Executive powers.