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The Lusaka High Court has adjourned the case in which former Deputy Minister in the Chiluba administration, Newton Ng’uni is challenging the presidential power transfer from Justice and Defence Edgar Lungu to acting President Guy Scott.
High Court Judge Justice Gertrude Chawatama heard the matter today in chambers and has since adjourned it to 28th November 2014 for continued inter-parte hearing.
Attorney General Musa Mwenye told journalists that the court has issued directives to both parties to advise their clients not to make any statements that are prejudicial to the case.
Mr. Mwenye said the matter was now in court adding that no one was allowed to comment on it as doing so is sub judice.
He said no adverse order has been made against the Vice President, who is currently acting President, which leaves him to continue acting as Head of State.
This is in a case in which former Education Deputy Minister Mr. Ng’uni is challenging the presidential power transfer to Dr Scott from Justice Minister, who is also PF Secretary General Edgar Lungu following the death of President Michael Sata.
The judicial inquiry comes after Mr. Ng’uni petitioned the High Court saying the constitution was violated after Justice Minister Edgar Lungu, who was appointed Acting President by the late President Sata before he went abroad to seek medical treatment, ceded authority to Dr. Scott.
Mr. Nguni alleged that Dr. Scott and Cabinet had forced Mr. Lungu to relinquish power after he was allegedly threated that if this did not happen, Mr. Lungu and other cabinet ministers would be charged with treason.
Mr. Lungu, in his affidavits in support of the motion submitte that the Attorney General warned him that police were on stand-by to arrest him and other cabinet ministers opposed to his opinion.
Mr. Lungu submitted further that the Attorney General instilled fear in him and other cabinet ministers forcing him to surrender the instruments of power to Dr. Scott.
Lusaka lawyer Anthony Kasolo is representing Dr. Scott while the Attorney General Musa Mwenye is representing the state.
Lawyer Willy Mubanga is representing Mr. Nguni.
