The dismissal of an application by civil rights activist Brebner Changala demanding that President Michal Sata be subjected to a medical board to ascertain his physical and mental status to continue performing the function of the office of President is tragedy and travesty of the justice system, says All People’s Congress (APC) leader Nason Msoni.
He has charged that it was shocking that the judgement against Mr Changala’s application to some extent attacked the persona of the applicant who had gone to court to seek justice over the painful speculation that President Sata had become incapacitated.
Mr Msoni claimed that the judgement exposed partiality towards the executive instead of serving the public.
He said Mr Changala had become a victim of the miscarriage of the country’s justice system which required urgent reformation.
“The ruling in a matter where Mr Changala was demanding that cabinet should be compelled to constitute a medical board to examine President Sata’s physical and mental status to continue performing the functions of the office of president is not only tragic but a travesty of the justice system. It is shocking that the court could react so angrily and emotionally to a litigant to a point of taking the risk of attacking the persona of Mr Changala who was only acting on behalf of Zambians to ascertain the health of the Head of State,” Mr Msoni said.
Mr Msoni has advised Mr Changala never to give up and seek alternative legal redress.
“It is extremely worrying that a serious matter such as demanding that President Sata’s physical and mental health be examined could be trashed and rubbished without hearing the litigant.
We are having difficulties to draw a line between the executive and the judiciary because it is rather the reaction of the executive that is manifesting in the judiciary,” Mr Msoni said.
He said it was unfortunate that the court could choose to attack the person who was seeking to be heard.