By JAMES KUNDA –
PATRIOTIC Front (PF) president Edgar Lungu has written to Acting Chief Justice Lombe Chibesakunda, asking her to ignore a request by Acting President Guy Scott to have the PF presidential nominations deferred.
In a letter dated December 16, 2014, addressed to Ms Justice Chibesakunda and copied to the Electoral Commission of Zambia (ECZ) chairperson Irene Mambilima, Mr Lungu said there was no court order barring him from filing his nominations before the Chief Justice or ECZ.
Dr Scott had written to the Chief Justice, requesting that the filing in of nomination for the PF presidential candidate be postponed in view of the court cases pertaining to party.
Mr Lungu said the PF conducted democratic elections pursuant to the party’s constitution under Articles 46, 47 and 52 and a general conference consequently elected him as the presidential candidate in the January 20, 2015 presidential election.
“As party president, neither the central committee nor myself were consulted by my vice-president, Dr Guy Scott before this letter could be written to you.
“Therefore, the letter must be ignored in totality as it has no authority or blessing of the party president, or the central committee and can best be described as an act of gross indiscipline,” Mr Lungu said.
Mr Lungu said the Lusaka High Court had before it a consent judgment dated December 3, 2014 which remains valid and subsisting.
The consent judgment declared Mr Lungu as party president, elected through an extra-ordinary general conference on November 30, 2014 and recognises him as president of the PF and sole presidential candidate in the election.
“The purported general conference held on December 1, 2014 at which Miles Sampa was purportedly elected as another party president was declared illegal, null and void and all decisions made therefrom were quashed.
“That the said general conference was barred by an order of injunction that was granted on December 1, 2014 and barred them, agents, candidates, superiors or subordinates were restrained in perpetuity from purporting to have elected a party president,” Mr Lungu stated.
The consent judgment has not been set aside, and has not been appealed against and, therefore, remains valid and binding.
Mr Lungu said Dr Scott would have been cited for contempt of court, save for Article 43 of the constitution which provides him with legal immunity during the time he is acting as president of Zambia.