THE failure by acting President Guy Scott and his biological parents to renounce Scottish citizenship rendered him ineligible to act as president and carry out functions of president, former Deputy Minister of Finance Newton Ng’uni has said.
Therefore, Mr Ng’uni said, the decision of Cabinet to appoint Dr Scott acting President and carry out functions of president after the demise of President Michael Sata was illegal
And now Mr Ng’uni has appealed to the Supreme Court to challenge the decision of the Lusaka High Court to substitute Dr Scott and Mr Lungu from court proceedings.
He asked the Lusaka High Court to stay proceedings in the case in which he is challenging the transfer of instruments of power from Minister of Defence and Justice Edgar Lungu to Dr Scott.
In his application in the court, Mr Ng’uni was seeking leave to apply for judicial review against the decision of Lusaka High Judge Gertruge Chawatama over the removal of Dr Scott and Mr Lungu from court proceedings.
“If the leave to apply was granted, a direction that the hearing of the application for judicial review be expedited. Also an order for costs and all necessary and consequential directions be given,” he said.
This is in the matter in which Mr Ng’uni has sued Attorney General Musa Mwenye together with Dr Scott and Mr Lungu over the transfer of instruments of power.
Mr Ng’uni said he was requesting an oral application pursuant to rules of the Supreme Court.
And Lusaka High Court has set December 16, 2014 for hearing of an application for order for leave to appeal to the Supreme Court against the court ruling delivered on December 3, 2014.
Mr Mwenye had applied for the removal of Dr Scott and Mr Lungu from court proceedings because they were public officers who are represented by his office.