THE State has filed an application in the High Court seeking removal of Acting President Guy Scott and Minister of Justice Edgar Lungu from a case involving former deputy Minister of Finance Newton Ng’uni and to prevent any disclosure of State secrets.
In his application, Acting Chief State Advocate Joe Simachela argues that Dr Scott and Mr Lungu acted in the execution of their duties as public officers and the right person to be sued is, therefore, the Attorney-General.
In the case, Mr Ng’uni had sued Dr Scott and Mr Lungu, challenging the transfer of power between the two men.
Mr Lungu acted as President until the death of President Michael Sata when Dr Scott took over but in his case, Mr Ng’uni contends that the transfer of power was illegal.
In an affidavit in support of the summons, Mr Simachela argued that an affidavit filed by Mr Lungu in response to the application for judicial review being sought by Mr Ng’uni, makes reference to cabinet proceedings purportedly held on October 29 this year.
Mr Simachela further argues that cabinet meeting discussions are classified as top secret and it is illegal to reveal the proceedings.
He believes that any unauthorised disclosure of Cabinet proceedings is a criminal offence and a felony and further that no case can be based on a criminal offence as doing so would be against public policy.
Based on his arguments, Mr Simachela also asked the court to delete any paragraphs in the affidavits and other court records that refer to the Cabinet proceedings because they are top secret and contrary to public policy.