Daily Nation Newspaper

LAZ SUES PRES LUNGU

… but Tutwa says UPND using LAZ in ploy to get to State House using back door

- By SILUMESI MALUMO AND AARON CHIYANZO

THE Law Associatio­n of Zambia has sued President Edgar Lungu, Attorney General and the National Assembly over the constituti­on amendment bill in the constituti­onal court. LAZ has also petitioned the Speaker of the National Assembly to halt the enactment process of the Constituti­on Amendment bill pending hearing of the court process by the Constituti­onal Court.

However, Government Deputy Chief Whip Tutwa Ngulube has charged the court process targeting President Edgar Lungu over the constituti­on amendment bill is a UPND ploy disguised as Law Associatio­n of Zambia and is an attempt by Hakainde Hichilema and his team to try to go to State House using back door,.

And Patriotic Front Media Director Sunday Chanda has described the John Sangwa led court process as an exercise in futility.

e two were reacting to the LAZ petition in the Constituti­onal Court citing President Lungu as rst respondent, Attorney General and National Assembly as second and third respondent­s respective­ly.

According to the petition, LAZ is seeking a declaratio­n that the respondent­s’ decision in seeking to amend the constituti­on in the manner set in the Constituti­on of Zambia (Amendment) Bill no. 10 0f 2019, is illegal because it allegedly contravene­s articles 1(2), 8, 9, 61, 79, 90, 92 and 79 of the constituti­on.

LAZ is being represente­d by Simeza, Sangwa and Associates.

However, Mr Ngulube said in an interview yesterday, Mr Hichilema was using John Sangwa and others to paint the amendment bill as useless but warned that this would not work.

“ ese are the same people who insulted the Constituti­on Court Judges saying that they were incompeten­t, not quali ed and did not have capacity to handle any constituti­onal matter in the country and today have woken up to present their petition,” Mr Ngulube said.

Mr Ngulube who is also a LAZ member reminded Mr Hichilema and the Sangwa led team that people of Zambia were not sleeping and were aware the evil attempt to capture the State.

He was reacting to the petition by Mr Sangwa and others suing President Edgar Lungu P.4 as the rst respondent and the National Assembly as second respondent to halt the Constituti­on Amendment process.

“We know this is an attempt to capture the President. What they want is that if they capture the President tomorrow they will run and claim that they have power to govern,” he said.

Mr Ngulube said all lawyers were aware that no one can sue the President because he had immunity.

“It is not in dispute, the President can only be sued in his personal capacity in civil matters were the President’s immunity is lifted.

And secondly Parliament is represente­d by the Attorney General, so there is no law in Zambia which allows Parliament to be sued.

We know that the Attorney General will wake up and do necessary applicatio­ns of the mis-jointer to remove the President and Parliament from this petition,” he said.

ere is no law which stops Parliament from passing laws, so the petition will not go anywhere, he said.

And Mr Chanda said the attempts by Mr Sangwa and others to stop the Constituti­on Amendment Bill is an exercise of futility.

Mr Chanda said the route taken by Mr Sangwa and others would not go anywhere because the bill was already at Parliament­ary level.

He said it was well known that the said lawyer and others were ghting for the interest of the UPND.

He said the said lawyers just wanted to frustrate the process by dragging but it but that this would not be tolerated. “ is is an exercise in futility,” Mr Chanda said.

We know this is an attempt to capture the President. What they want is that if they capture the President tomorrow they will run and claim that they have power to govern,” — Mr Ngulube.

PRESIDENT Edgar Lungu should be supported in his proposal for a mechanism to allow electorate­s impeach their underperfo­rming members of Parliament before the end of their term, says National Congress Party leader Peter Chanda.

Mr Chanda says if the electorate had power, it would enable them re-call underperfo­rming MPs so that they could be replaced without even calling for by-elections.

He said underperfo­rming parliament­arians were a drawback to the country’s developmen­t.

Mr Chanda said the MPs should be accountabl­e for their failure to ful ll campaign promises to electorate­s, adding the proposal by the President for a mechanism that gives them (electorate­s) powers to reprimand or recall their MPs was a welcome move.

“We know these MPs make promises to people to vote for them, and if they do not ful ll that promise, the electorate­s have a right to recall them and this should

be looked at in the ongoing constituti­onal bill as a priority,” he said.

While in Chinsali, President Lungu proposed that there must be a mechanism that would allow electorate­s to recall their underperfo­rming before the end of their term.

Mr Chanda said this would ensure parliament­arians were dedicated to their responsibi­lity they were voted for, adding MPs should understand that they were not elected by their parties alone but also other Zambians.

He said people were eager to see developmen­t in their respective constituen­cies.

Mr Chanda added that there should be an electoral system to ensure electorate­s petition undeformin­g MPs through their parties so that they could be replaced for smooth developmen­t.

“We cannot have situations whereby some MPs just go to parliament and sit without contributi­ng anything, when their people have challenges that deserve redress,” he said.

Some corporate world are eager to support developmen­t in her constituen­cy because they have seen her e ort. Kanyama will never be the same,” said Mr Chanda.

Mr Chanda said the absence of the MPs in their constituen­cies was an indication that they do not understand their role and therefore should not be given another mandate.

here should e an electoral system to ensure electorate­s petition unde orming s through their parties so that they could e replaced or smooth de elopment , — Peter Chanda

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