Restore my rights or face rigmarole of court process, ECL tells State
FORMER President Edgar Lungu has demanded that the State should within 48 hours undertake to uphold his freedom of movement and association as guaranteed by the Constitution or should be ready to face the rigmarole of the court process.
Former President Lungu says it was illegal and a breach of the constitution for the State to have prevented him from travelling to Seoul, South Korea for a peace conference at the invitation of the organisers of the summit.
In a letter of demand to the Attorney General dated 18th September, 2023, former President Lungu stated that he was taking action against the Attorney General for breach of the Constitution by blocking him from travelling to South Korea.
Yesterday, former President Lungu decided to discontinue the matter after the Lusaka High Court yesterday set September 25th as the date for inter parte hearing on a matter whose expiry date is tomorrow, 20th, September, 2023.
But now the former President is demanding that the Attorney General could be sued if he is not going to take appropriate amends without the next 48 hours by undertaking to uphold his constitutional rights to freedom movement and association.
“Take notice that following the withdrawal of the judicial review action, our client intends to take out a petition against yourselves for breach of the Constitution of Zambia should you not make appropriate amends within 48 hours undertaking to uphold his freedom of movement and association as guaranteed by the Constitution of the Republic of Zambia. Kindly oblige to avoid the rigmarole of court process,” Makebi Zulu Advocates, lawyers representing former President Lungu demanded.
Former President Lungu stated that the Minister of Information and Media Chishi Kasanda and her director Spokesperson Thabo Kawana issued statements to the effect that the former head of State was required seek permission from government to travel, which requirement was non-exisitent.
The former head of State contended that considering that he had filed a certificate of urgency to have the decision by the State to block him from travelling to Seoul quashed but that the High Court had instead set 25th, September as the date of the inter parte hearing on a peace conference that was ending today.
Former President Lungu has contended that hearing his case on 25th September, 2023 on an event whose concluding date was 20th September had rendered the court proceedings academic.
This is a deliberate distraction to deter the govt from pursuing his corruption cohorts which include his family members. Let him go to court, why did he withdraw his case? Kutumpa uko.
This man is acting on emotions and he is being fickle, behaving like a teenage girl who just had her first moon.
Why then did you withdraw the matter you filed against the state preventing you from travelling if you want the State to feel your wrath? Speak with one voice. If you sue, sue. If you are still in politics, say so so that the State deals with you accordingly. Stop hiding your “wrath” behind fake retirement.
It very clear those advising the former Head of State a ignorant of the requirements of the law as regards the movements of a former Head of State.
It is sad that such sensitive issues are not adequately attended by his advisors leaving the former Head of State exposed. It is dangerous to react out of emotions.
We forget too easily us Zambians. Who was the first person in Zambia to breach the new 2016 National Constitution in 2016? Wasn’t former president Lungu himself when refused to uphold the dictates of the same Constitution by:
(1) Handing over power to Hon
Patrick Matibini when he was
Speaker of the National
Assembly,
(2) Didn’t he refuse to move out
of State House contrary to
the dictates of the
Constitution DUE TO THE
FACT THAT THE UPND HAD
PETITIONED THE RESULTS
2016 OF THE General
Elections that took
place that year! Today Mr
Lungu should say breaching
the Constitution by the
Attorney-General?!! He is
simply not serious and he
is comedian!!