VICE-PRESIDENT Guy Scott is not qualified to act as President of the Republic of Zambia because his parents were not Zambians as required by the Constitution, according to papers filed in the Kabwe High Court.
The Constitution, according to petitioner Kaluba Musenda Simuyemba, requires that the President must have both his parents as Zambians and the decision by Cabinet to appoint Dr Scott as Acting President after the death of President Michael Sata was illegal because the parents of Dr Scott were Scotish and never renounced their citizenship.
In his affidavit for leave to apply for judicial review and in the matter of order 53, rule 3 of the rules of the Supreme Court, Mr Simuyemba argued that the decision of Cabinet to appoint Dr Scott to act as President after the demise of President Sata was unlawful. Mr Simuyemba is seeking the Kabwe High Court to declare the decision of Cabinet illegal because the Vice-President was ineligible to perform the functions of office of president because both his parents were Scotish citizens.
He argued that if Dr Scott was ineligible to stand as republican president because of the parentage clause, it followed therefore that he was equally unqualified to perform the functions of the office of president and was therefore acting illegally. Mr Simuyemba argued that in September 2011, Dr Scott was elected Member of Parliament for Lusaka Central and was subsequently appointed Vice-President but the late President Sata never allowed him to act as president of the country or allowed to perform the functions of the office of President.
“Before October 24, 2014, President Sata appointed Mr Edgar Lungu to act as President while he travelled to the United Kingdom for medical check-up. On October 28 2014, President Sata met his demise in London and on October 29, 2014, Cabinet met and appointed Dr Scott s Acting President. In the public domain, Dr Guy Lindasay Scott’s parents were not Zambian and his appointment should therefore be declared illegal by the court,” Mr Simuyemba argued.
Mr Simuyemba has challenged Dr Scott’s appointment as Acting President and has asked the Kabwe High Court seeking relief for judicial review over a decision by Cabinet to revoke the appointment of Defence and Justice Minister Edgar Lungu by President Sata as Acting President.
Newton Ng’uni, a former deputy minister of Finance has also sued Dr Scott, Mr Lungu and the Attorney General challenging the transfer of power from the Defence and Justice minister to the Vice President, arguing that the act by Cabinet was irregular.