Constitutional Court justice Professor Margaret Munalula has allowed Patriots for Economic Progress leader Sean Tembo to discontinue the matter in which he sued the Attorney General, seeking a declaration that President Edgar Lungu breached the Constitution when he accepted the land gift in Eswatini without making a declaration to the general public.
In his application for a notice to discontinue the matter, Tembo wanted the case to be withdrawn to pave way for the national dialogue and reconciliation process.
However, Chief State Advocate Joe Simachela asked the Court to dismiss Tembo’s application, saying he was likely to commence the same facts once the negotiations on the national dialogue and reconciliation failed.
But in granting Tembo the application, Justice Prof Munalula ruled that it was the discretion of the Court to grant a petitioner what was being sought at any given time.
She said she saw no reason to refuse to allow Tembo to discontinue the matter as there was no merit by the state’s request that the court should deny him what was being sought in the application.
Justice Prof Munalula then ordered both parties to bear their own costs.
The court yesterday reserved ruling in the matter to today.