AG asks ConCourt to dismiss PeP’s petition
By Staff Reporter
Attorney General Likando Kalaluka has asked the Constitutional Court to dismiss PeP Leader Sean Tambo’s petition in which he is seeking a declaration that President Edgar Lungu violated the Constitution when in his official capacity he accepted a gift of land from King Mswati of Eswatini.
In his submission, Kalaluka wanted the petition to be dismissed because the petitioner was not entitled to the claims he sought against the head of state.
He argued that all the claims in the petition were unsubstantiated, misconceived and lack merit.
Kalaluka further submitted that it was incumbent upon the petitioner to prove that the Republican President was a public officer as envisaged under the ACC Act.
He contended that there should be proof that Lungu did receive a gift from King Mswati and that the gift so received was received using his position as Republican President, his office, authority or any information in his possession as President.
He submitted that a person holding the office of President was not a public officer because the Constitution which was the supreme law of the land excluded a person holding such an office from being a public officer.
He added that the Anti-Corruption Commission (ACC) Act was subordinate to the Constitution, as such even, if the definitions of public officer were contradictory the provisions of the Constitution took precedence as guided by Article 1 which stated that a person holding the office of President was not a public officer.