THE death of President Michael Sata in London contradicts the decision by Lusaka High Court Judge Isaac Chali and Secretary to Cabinet Roland Msiska, who dismissed a demand for a medical board civil activist Brebner Changala, has said.
In an affidavit withdrawing his demand for a medical board Mr. Changala complained that he had been maligned and called names by Judge Chali who dismissed the demand for a medical board and refused to recuse himself from the case.
Mr. Changala also wondered why Secretary to Cabinet signed an affidavit affirming that President Sata was well and performing his duties when that was far from the reality.
Mr. Changala noted that Judge Chali had ruled against his application for a medical board by stating that the application was flimsy, without merit and a disguised form of forum shopping.
He said Judge Chali further ridiculed him by referring to him as a busybody who appeared to have misguided or trivial complaint of administrative error.
“That on or about the 20th October, State House announced that the President had been flown to an undisclosed location for a medical check-up,” he said.
“That on or about the 28th October, 2014 it was announced that the President had died whilst undergoing a medical check-up which information contradicts to the evidence sworn by the Secretary to the Cabinet and also contrary to the position held by this Honourable court.”
Mr Changala said he had angrily discontinued the case following the death of President Sata who Government insisted was fit even when there were clear signs that the former Head of State was unwell.
Mr Changala said through his lawyer Makebi Zulu in notice of discontinuance yesterday that following the death of President Sata on October 28, 2014, he has decided not to pursue the matter further although the Courts called him names during the time he was demanding for the constituting of a medical board to examine late president Sata’s physical and mental health.
He said in light of the foregoing, the matter had become a mere academic exercise and that he did not intend to pursue it any further.
Mr Changala said after the High Court passed a ruling in August this year against him, he was to pursue the matter further in the Supreme Court.
“That I again caused to be filed into court an application for leave to appeal to the Supreme Court against his Honourable Court’s ruling of the 7th August, 2014,” Mr Changala said.