This is in a case in which the Anti-Rigging Zambia Limited sued Mr. Banda claiming that he had ceased to be vice president from the time he filed in his nomination papers for the presidential elections.
The Anti-Rigging Zambia limited had contended that Mr. Banda was not entitled to perform presidential functions or the benefits of that office or use public resources to fund his campaign.
But Lusaka High Court judge, Philip Musonda, ruled that article 43 (1) gave the acting president absolute immunity from having proceedings instituted against him in any court of law in respect of anything done or omitted to be done in his private capacity.
The judge ordered that Mr. Banda will continue to act as president and enjoy the privileges and benefits attached to that office until the democratic process resolves the issue of the presidency.
Judge Musonda noted that the case was a constitutional matter that had raised a novel issue.
Attorney General, Mumba Malila, submitted that according to article 43 (1) of the constitution, a person holding the office of the president was not amenable to criminal or civil proceedings in respect of anything done during his tenure of office.
The Anti- Rigging Zambia Limited was represented by Lusaka lawyer, Kelvin Bwalya, who is also a member of the NGO, launched recently.
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