#NEWS: Auction of HH Goods
By Dickson Jere
You see, once one becomes President of Zambia, he cannot sue a citizen or be sued himself in his private capacity before any courts of law. This is the import of Article 98(1) and (2) of our Constitution. This means that all the cases involving Mr. Hakainde Hichilema (as he then was) automatically got stopped the moment he took office of President. He can no longer pursue FDD President Edith Nawkawi, as an example, for defamation cases he filed in the High Court before elections. Similarly, those who sued HH before he was President can longer continue with the cases against him until he ceases to be President. All the cases are frozen! Article 98(2) says and I quote “The President shall NOT, in the President’s private capacity during the tenure of office as President, institute or continue civil proceedings against a person.”
Now, I have looked at this advertisement below, purportedly from the sheriffs office for the auction of goods belonging to one of the parties to the case. It raises very interesting legal and constitutional law thesis. Is an execution part of litigation? Admittedly, this case was filed in 2018 and now ripe for execution. But then this execution can only be stopped by obtaining a “Stay” pending further hearing. Isn’t that litigation which is captured under Article 98 since the Defendant in this case is now President? I think so. But then, when does litigation end? When judgement is delivered? Or when judgement is fully enforced? I am looking at this case keenly with it’s legal and constitutional dynamics! Simply put, this case is caught up under Article 98, whether it is the Plaintiff or Defendant who wants to pursue it further.
Over to you lawyers, jurists, law students and others!
