The state has refused to have the case in which Patriots for Economic Progress (PeP) president Sean Tembo wanted President Edgar Lungu probed for allegedly accepting a gift of land from the Kingdom of Eswatini.
Tembo had applied to have the case withdrawn in the spirit of political reconciliation but the Attorney General has objected to the withdrawal saying that the complaint may re-ignite the case if his reconciliatory process fails to yield any results.
When the matter came up today, Chief State Advocate Joe Simachela asked the Constitutional Court to dismiss Tembo’s application to withdraw the matter that he alleges President Lungu violated the constitution when he accepted the Eswatini land as a gift without declaring it to the state.
Tembo filed a notice to discontinue the case against the Head of State in order to pave way for the on-going negotiations of the national dialogue and reconciliation.
But Simachela in his affidavit in opposition in support to discontinue the matter has asked the court to dismiss the application with costs on grounds that the national dialogue and reconciliation being spearheaded by the church mother bodies is a political process.
He has submitted that the petitioners petition was politically motivated and therefore an abuse of the process of the court.
Simachela has also asked the court to take judicial notice of its ruling dated November 28, 2018 last in which it dismissed the petitioners application to subpoena witnesses to testify on its behalf.
Justice Mulenga has since directed Tembo to respond to Simachela’s application next week in which both applications will be heard and determined by the full bench .