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State Opposes Amos Chanda Subpoena in Eswatini Land Case

Chief State Advocate Joe Simachela has stated that the petition in which Patriots for Economic Progress (PeP) party leader Sean Tembo is seeking for a declaration that President Edgar Lungu violated the constitution by receiving a gift of land from King Mswati of the Kingdom of eSwatini, without declaring it may be disposed of purely on affidavit evidence without the need of calling witnesses.

This is according to an affidavit in opposition of Inter Parte summons for leave to issue subpoena against state witnesses.

Tembo filed an application before the Constitutional Court to compel the witnesses among them Minister of Information and Broadcasting Dora Siliya and the Special Assistant to the President for Press and Public Relations, Amos Chanda to appear before court and testify in the case.

However, the application for subpoena of witnesses will be heard in chambers by Justice Martin Musaluke on Thursday, November 22.

Meanwhile hearing of the main matter is expected to be heard in December during sitting of the Constitutional Court.

In this matter Mr Tembo is also alleging that the head of state violated  Article 92(1) of the Constitution as well as Section 21(1) of the Anti-Corruption Act No. 3 of 2012, for receiving a gift of land from King Mswati of the Kingdom of eSwatini, without declaring it.

Tembo  sued the Attorney General Likando Kalaluka seeking for a  declaration  that President Edgar  Lungu violated the constitution when he allegedly accepted a gift of land from King Mswati of Eswatini formerly Swaziland in his official capacity as a Republican President.

The petitioner further wants a declaration that the President is a public officer and that all public officers in their official capacity were prescribed by law to obtain gifts other than casual gifts from people.

But in response the defendant Kalaluka  asked the Court to dismiss Tembo’s petition because the petitioner is not entitled to the claims he seeks against the head of state adding that all the claims in the petition are misconceived and lack merit.

Kalaluka argued that a person holding the office of President was not a public officer as the constitution which is the supreme law of the land excludes a person holding such office from being a public officer.

Kalaluka further challenged Tembo to prove President Lungu did receive a gift a gift from King Mswati and that the gift so received by President Lungu was received using his position as Republican  President , office , authority or any information in his possession as President.

11 Comments

  1. Busy

    Y akosapo nilandi yanniokooo,go and get one if u can🥓😄😄😄 stupid idiot that one is a presido,is not a mare person fool.

  2. jm

    Jealous does not pay anything, shallow minded politician behaves like pig’s.

  3. mulobezi

    Tembo in lozi is mbote meaning beer made out of honey

  4. Doreen

    Ukupwala u are busy making ill comments against a fellow citizen who is right in trying to whisle blow corruption,even if u support the acquisition of such a land in iswatin what benefit does that have at your house hold,u are the pipo who are inviting poverty in the country because of your shallow thinking work up Mr idiot

  5. Me

    People why fighting for things that will never give you food

  6. Elite

    That’s why it’s called a democratic country,we bring to book anything that seems unreasonable.

  7. Elite

    Hey That’s why it’s called a democratic country,we bring to book anything that seems unreasonable. Understand

  8. Ik

    Lets debate on progresive issues

  9. mengmorelerw

    That’s y z nt evrythng u’r given free u hv to disclose to evry1 .now beve kulibonesha ba chagwa ati so dat bantu bakambe kuti u’r clean u don’t do thngs secretly now see dat mwayilasha and its true evrythng wich u’r given has a president z given to benefit both u and yo people.so much z our share frm da same land if i may ask?

  10. Jms

    YOU WERE TAUGHT ON THIS NO MATTER HOW RIGHT YOU MAYBE A DICTATOR MAY HARM YOU DUE TO SATANIC TACTICS A DICTATOR HAS (Mind you a dictator has the mind of capturing
    the court and military) so check what type of leadership being TAKEN

  11. Jms

    NOW YOU WILL LEARN A LESSON HOW DO YOU NOMINATE A PERSON YOU KNOW WAS IN A COUNTRY WHICH WAS INVOLVED WITH FIGHTS ALL ALONG WE ALWAYS SAY THAT WHEN YOU WALK WITH A THIEF YOU ALSO BECOME A THIEF he is bringing every thing from Angola

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