DESPITE some of his cases having been thrown out by the courts in the past, it appears Patriots for Economic Progress president Sean Tembo is not deterred.
This time, the certified accountant is challenging the State’s decision to severally purchase 8,658 hectares of private land at a US$13.5million and wants purchase halted.
Mr Tembo wants the High Court to order that the purchase of the Zambeef Chiawa farm is unlawful, irrational and was made without following proper procedures, null and void.
He also seeks an order of mandamus compelling Attorney General and his client to re- evaluate the land acquisition process.
The politician who holds a Master of Business Administration Degree from the University of Derby, UK, wants the re-evaluation to be done conducting an independent valuation and ensuring adherence to public procurement laws and constitutional principles.
Mr Tembo also seeks an order of prohibition directed at the State and his client from proceeding with any further steps to finalize the land purchase, pending a review of the decision and adherence to all legal requirements.
In the lawsuit citing Attorney General (AG) Mulilo Kabesha as the respondent, the petitioner has applied for leave for judicial review of Government’s decision to buy the farm.
Mr Tembo submits that on August 10, 2024, he was watching the broadcast of the main news on the state owned Zambia National Broadcasting Corporation where it was announced under the heading ‘ ‘Govt acquires ZAMBEEF Chiawa farm’.
“Following the revelation that Government acquires the ZAMBEEF Chiawa farm, I chaired, as party president, an emergency national executive committee for party members.
“All members expressed concern over the procurement of the farmland by Government at a cost of US$13.5 million and resolved to legally challenge the sale”.
Mr Tembo submits that on August 13, 2024, he wrote a demand letter to the AG to seek that his client immediately halts the planned purchase of the Chiawa farm from Zambeef Plc at US$13.5 million and he failed to respond.
The applicant said after reading the Constitution, Public Procurement Act, the Lands Act and other laws, he believes Government’s decision to purchase the US$13.5million farm is ultra vires the pieces of law he read.
Mr Tembo believes that National Assembly of Zambia is responsible for appropriating funds for expenditure by state institutions and other bodies.
Government’s decision to spend public funds which have not been appropriated by Parliament is illegal and void, he submits.
(Mwebantu, Sunday, August 25th, 2024)