This is in the case in which Tembo sued the Attorney general seeking a declaration that President Edgar Lungu breached the constitution by accepting the Eswatini land as a gift without declaring it to the nation.
Justice Mungeni Mulenga has allowed Tembo to file his record of proceedings out of time following his application for an Ex-parte summons for leave to file a record of proceedings out of time pursuant to Order XV Rule 7 of the Constitutional Court.
On January 14, the court directed the petitioner to file a record of proceedings on or before January 28, which he did as directed and was ready for filling but the record was found to have some errors upon review.
He was compelled to re-do the record but the registry was closed at the time he was ready to file.
It was for this reason that he made an application to file his record of proceedings out time, which has since been granted by the court.
In the previous sitting, Tembo who filed an application to discontinue the matter to pave way for the national dialogue and reconciliation process.
He pleaded with the Court to discontinue the case to allow the smooth proceedings of the dialogue and reconciliation process.
In his affidavit in opposition to withdraw the case, Tembo submitted that if the matter was not withdrawn requested, this would mean that political party leaders, including himself, would have to go to the 2021 polls with pending political tension from the 2016 general elections.
He has further submitted that the discontinuance of this matter may not necessarily guarantee the success of the Church-led national dialogue and reconciliation process “but it would significantly increase the chances of success of the said process”.
But Chief State Advocate Joe Simachela asked the Court to dismiss Tembo’s application in which he intends to withdraw the case as he is likely to commence the same facts once the negotiations on the national dialogue and reconciliation fail.
Simachela, in his affidavit opposing the discontinuation of the matter, humbly asked the court to dismiss the petition with costs on grounds that the national dialogue and reconciliation being spearheaded by the church mother bodies was a political process and the end result cannot be ascertained.
“…and in an event that this petition is discontinued as prayed and the national dialogue fails, an action based on the same facts may arise to the prejudice of the Attorney general,” Simachela submitted.
The matter is yet to be heard and determined by the full bench of the Constitutional Court.