Mwenye wants top secrets out of court

DETAILS of the terse Cabinet meeting in which then acting President Edgar Lungu was forced to hand over power to Vice-President Guy Scott may be struck off the record if Attorney General Musa Mwenye has his way.

Mr Mwenye has requested the Lusaka High Court to amend an affidavit filed by former deputy minister of Finance Newton Ng’uni which he said contained top secret and confidential information from a Cabinet meeting.

In his affidavit Mr Ng’uni disclosed that Mr Lungu had been threatened with treason as he resisted to hand over power to Dr Scott, on the ground that he had been duly appointed by President Michael Sata as acting President, a position which only the President could revoke.

Mr Mwenye said any unauthorised revelation of Cabinet proceedings was against the law.

This is in the matter in which Mr Ng’uni has sued Mr Mwenye together with Acting President Guy Scott, and Minister of Defence and Justice Edgar Lungu over the transfer of instruments of power.

In an affidavit before the court, Mr Mwenye said disclosure of Cabinet proceedings and/or meetings was a criminal offence and felony; therefore no cause could be founded on a criminal offence as doing so would be against public policy.

Meanwhile, Mr Mwenye has also requested the court to exclude Mr Lungu and Dr Scott from court proceedings in that matter because they acted within duties.

In the affidavit in support of summons for misjoinder filed in the court yesterday signed by acting Chief State Advocate Joe Simachela, Mr Mwenye said Mr Lungu and Dr Scott acted within the course of their duties as public officers.

“In the light of foregoing, I verily believe this honourable court ought to misjoin the 1st and 3rd respondents from these proceedings as they were acting within the course of their duties and in their capacity as public officers,” he said.

Mr Mwenye said Mr Ng’uni should have sued him as Attorney General on behalf of Dr Scott and Mr Lungu because they are public officers as acting President and Minister of Defence and Justice respectively.

And when the matter came up in chambers, it was adjourned to Friday this week to allow Mr Ng’uni’s lawyer Dr John Mulwila to respond to the affidavit.