…but Tutwa says UPND using LAZ in ploy to get 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.
The two were reacting to the LAZ petition in the Constitutional Court citing President Lungu as first 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.
“These are the same people who insulted the Constitution Court Judges saying that they were incompetent, not qualified 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 as the first 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.
There 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 fighting 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. “This is an exercise in futility,” Mr Chanda said.