Acting President and Patriotic Front Vice President Guy Scott has written to Acting Chief Justice Lombe Chibesakunda asking her not to entertain any attempt to bring forward the nomination of any candidate before the end of the current legal processes ruling party is embroiled in.
In his letter dated 16th December, 2014 written on a PF letterhead, copied to the Chairperson of the Electoral Commission of Zambia, Dr Scott has reminded the Acting Chief Justice that the legal processes that will assist the ruling party finalize the nominations have not yet been exhausted.
Dr Scott says it is expected that they will be finished with the legal processes before 20th December, 2014.
The acting President says he is committed to ensuring that the Patriotic Front follows the correct procedures outlined in the party constitution.
Dr Scott states that it is important that the ruling party resolves current disagreements around the selection of the party’s presidential candidate before filing nominations on 20th December.
And PF President Edgar Lungu has written to acting Chief Justice Lombe Chibesakunda reminding her that her office as Returning Officer of the Electoral Commission of Zambia cannot,will not and must not be receiving instructions or directives from anyone else other than the Electoral Commission.
Mr Lungu in his letter copied to ECZ Chairperson Justice Ireen Mambilima says as a party, the Patriotic Front conducted democratic elections pursuant to the party constitution under Article 46,47 and 52 and elected him as Party President and consequently Presidential Candidate for the forthcoming presidential by-election to be held on the 20th January 2015.
He says as Party President neither, the Central Committee nor himself were consulted by his Vice-President, Dr. Guy Scott before his letter could be written to the acting Chief Justice.
Mr Lungu has since asked Justice Chibesakunda to ignore in totality the letter written to her by Dr Scott as it has no authority or blessing of the President, or the Central Committee and can best be described as an act of gross indiscipline.
He states that as far as they are concerned, the Lusaka High Court has got before it, a Consent Judgment dated 3rd December, 2014 which remains, still valid and subsisting.
Mr Lungu adds that the Consent Judgment has not been set aside, and has not been appealed against and therefore remains valid and binding.
He further notes that clearly by this action alone, Dr. Scott would have been cited for contempt of court save for Article 43 which provides him with legal immunity during the time he is acting as President of the Republic of Zambia.
Mr Lungu has reiterated that there is no court process and no court order to bar the Patriotic Front Presidential Candidate from filing its nominations before the Acting Chief Justice as agreed by the Electoral Commission of Zambia.