PeP leader Sean Tembo has filed for a notice for leave to appeal to the full bench following the Constitutional Court judgment which threw out his application to subpoena state witnesses in the case in which he wants a declaration that the President Edgar Lungu violated the constitution by accepting the Eswatini land as a gift without declaring it to the nation.
Constitutional Court Judge Mungeni Mulenga on November 29 dismissed an application in which Tembo wanted the court to compel Information and Broadcasting Minister Dora Siliya, President Lungu’s press Aide Amos Chanda, Mast Newspaper Journalist Oliver Chisenga and his Zambia Daily Mail counterpart Steven Mvula to testify in the case in which he sued the Attorney General Likando Kalaluka.
Justice Mulenga refused to grant an application to subpoena the five witnesses as she deemed irregular for the matter before her.
The judge said that it was clear that the petitioner was on a fishing expedition and wanted to use the subpoena to extract the evidence he did not have.
However, Tembo was dissatisfied with the decision of the Constitutional Court judge and has filed an appeal to the full bench.
In his notice for Leave to Appeal to the Full bench Tembo has indicated hi is dissatisfied with the entire ruling hence the decision to appeal to the Full Bench of the Constitutional Court, in accordance with the rules of the Court.
The main matter is expected to be heard during the December 2018 sitting of the Constitutional Court. The PeP President is representing himself in this matter.