THE matter in which former president Rupiah Banda has questioned the competency of former Attorney General Musa Mwenye representing Dr Ludwig Sondashi may be heard in the Lusaka High Court next week.
On Wednesday, Mr Banda disclosed that he intends to call Mr Mwenye as witness in a matter in which Dr Ludwig Sondashi has sued the former president for alleged defamation.
Mr Mwenye has applied to the High Court to stop The Daily Nation from reporting the case. The application is contained in a suit filed by Mr Mwenye against Daily Nation.
Meanwhile, Mr Mwenye has sued the Daily Nation newspaper and its proprietor Richard Sakala in the Lusaka High Court for alleged defamation and is demanding that the newspaper should stop publishing stories over the matter.
This is a matter in which Mr Banda has challenged the law suit in which Dr Sondashi is claiming damages for alleged defamatory remarks the former head of State made at a press conference when he was President of Zambia.
According to a law suit filed in the Lusaka High Court, through Messrs Mwenye and Mwitwa Advocates, Mr Mwenye says the Daily Nation on January 5 this year caused publication of a lead story entitled “RB exposes Musa Mwenye” of which he avers that the said headline was defamatory and suggested that he was involved in wrongdoing which had been brought to light.
But Mr Banda explained that at the time of executing the said consent judgment in 2012, he was no longer President of the Republic of Zambia therefore not personally liable as claimed by the plaintiff.
“It is my intension to call Mr Musa Mwenye, SC, as a witness in this matter as he was the one who acted on behalf of the Attorney General for the remarks made by myself as President of the Republic of Zambia in 2009 and the matter was amicably settled in 2012,” he said.
Mr Banda has argued that the legal suit against him by Dr Sondashi alleging defamatory remarks he made while he was head of State should not be directed at him as a person, but rather at the Presidency, as an institution.
He said as a matter of fact, the matter was duly handled by the office of the Attorney General as the legal secretary for the Government on behalf of the former head of State.