By PERPETUAL SICHIKWENKWE –
THE Lusaka High Court has stayed a ruling in which it removed Acting President Guy Scott and Justice and Defence Minister Edgar Lungu from the proceedings in which a Lusaka politician Newton Ng’uni sued them with Attorney General Musa Mwenye over the transfer of Presidential instruments of power.
Judge Gertrude Chawatama stayed the ruling pending an appeal by Mr Ng’uni against her decision to remove the two from the proceedings on grounds that they are civil servants who did the transfer of power during the discharging of their duties.
Mr Ng’uni has sued the three, contesting the decision of Cabinet to transfer power from Mr Lungu to Dr Scott on October 29, 2014 following the death of President Michael Sata.
He wants the high court to reverse the transfer of the instruments of power and give them back to Mr Lungu because Mr Sata left them with him.
But Mr Mwenye applied to have Dr Scott and Mr Lungu removed from the proceedings because they are public officers, which Ms Justice Chawatama granted.
Mr Ng’uni later sought leave of the court to appeal to the Supreme Court against the decision and asked Ms Justice Chawatama to stay the ruling pending the outcome of his appeal.
Ms Justice Chawatama granted the stay yesterday and also gave Mr Ng’uni permission to appeal to the Supreme Court.