THE ATTORNEY General has urged the Constitutional Court not to entertain a petition in which Sean Tembo is challenging the President’s foreign trips, which he feels are a waste of public resources.
Attorney General Mulilo Kabesha has instead asked the court to dismiss the petition because it is frivolously without merit and the petitioner is not entitled to the reliefs he is seeking.
Mr Kabesha said the lawsuit should be thrown out of court because contrary to Mr Tembo’s assertions that the trips are wasteful expenditure, President Hakainde Hichilema’s foreign trips have yielded positive investment results as seen by commitment pledges from different investors.
He submits that President’s trip and interactions in the United State of America, December 2022, which resulted in the signing of grand financing amounting to US$8 million from the Millennium Challenge Corporation.
This is in a case the Patriots for Economic Progress (PeP) president seeks an order that President Hichilema be cited for abuse of authority of office and waste of public resources through the undertaking of numerous unnecessary foreign trips.
Mr Tembo alleges that the 49 trips so far undertaken by Mr Hichilema, have not brought any visible benefit to the nation but personal gain and were a major drain on public coffers.
He also seeks a declaration that the continued insistence by the President to undertake foreign trips at an extremely high rate amounts contravenes Articles (198) (b) (iii) and 198 (d) of the Constitution.
But in an answer to the petition, Mr Kabesha says the petition is frivolous and vexatious.
“The respondent avers at the onset that the petition is frivolous and vexatious as the functions of the President are conferred by the constitution itself under article 92.
“The Constitution, under article 274, clearly stipulates that a function conferred in the Constitution may be performed as occasion requires, and the same is true for the trips the President has understatement thus far,” he says.
Mr Kabesha further argues that there is no number of prescribed foreign trips a President must undertake in any given calendar year because the trips are determined by the number of factors such as diplomatic relationships and ties, attendance to international and regional meetings and summits to which Zambia is a party such as Southern African Development Community.
He says the President also has to travel and attract foreign investment in key sectors of the economy, promote bilateral and multilateral relationships amongst member states.
“The function of the President under article 92(1) (c) include negotiating and signing of international agreements and treaties, a function which is planned budgeted for and adequately founded as per article 265 of the Constitution,” he submits.
Mr Kabesha dismissed allegations of waste expenditure arguing that each function and a portfolio of government is budgeted for and approved by the National Assembly.
“The President’s visit to Congo renewed Zambia’s commitment to export maize and maize products, as well as other agricultural commodities to the DRC, the actualisation of this agreement will help commercialise different value chains, and provide an alternative market for Zambian producers,” he submits.
“The investment realised from the president’s foreign trips forms part of the treasury and promotes the equitable development of the country”.
(Mwebantu, Thursday, 28th September, 2023)
