Lusaka Lawyer Tutwa Ngulube has written to the Law Association of Zambia (LAZ) complaining about professional misconduct against Constitutional lawyer John Sangwa with regard to his letter to President Edgar Lungu in which he asked him to withdraw Bill 10.
Ngulube argues that because President Lungu is represented by lawyers, it was professional misconduct for Sangwa to have written a letter directly to him instead of his lawyers.
In a letter dated September 11, and addressed to President Lungu at State House, Sangwa pleaded with the Head of State to uphold the Constitution by withdrawing the Constitution (Amendment) Bill No. 10, saying there was no single provision that was progressive or of benefit to the people.
“I write to you as part of my efforts to defend the Constitution and safeguard your legacy. Mr President, most emerging democracies in Africa are in regression. I beg you to uphold the Constitution by withdrawing the Constitution of Zambia (Amendment) Bill No. 10 of 2019 and accepting that having been elected twice to the office of President of Zambia, you are not eligible for a third term,” read part of Sangwa’s letter.
However, Ngulube, who is also Kabwe Central PF member of parliament, yesterday wrote to LAZ’s Legal Practitioners Committee, raising a complaint against Sangwa for professional misconduct.
He stated that by writing to President Lungu, Sangwa had violated the provisions of Rule 37(3) of the Legal Practitioners Rules, 2002 as read together with Rule 41 and Section 53 of the Legal Practitioners Act CAP 30 of the Laws of Zambia.
“On my own behalf as a legal practitioner, I hereby raise a complaint against Mr John Sangwa (SC) for professional misconduct, in that he has in his conduct violated the provisions of Rule 37(3) of the Legal Practitioners Rules, 2002 as read together with Rule 41 and Section 53 of the Legal Practitioners Act CAP 30 of the Laws of Zambia. Details of the circumstances leading to this complaint is contained in the letter dated September 11, 2019 authored by Mr John Sangwa (SC) addressed to His Excellency Dr Edgar Chagwa Lungu with the caption ‘The Constitution of Zambia (Amendment) Bill No 10 2019,” Ngulube stated.
He stated that the President had lawyers representing him, being the Attorney General, and it was therefore professional misconduct for Sangwa to have written a letter directly to the Head of State and served on him instead of his lawyers.
Ngulube relied on Rules 37 (3) and 41 as read together with section 53 of the Legal Practitioners Act CAP 30 of the Laws of Zambia.
“In the premise, it is my duty as a member of the Legal Profession to report the erring Legal Practitioner to the Legal Practitioners Committee by making representations concerning violations of Rule 37 (3) of the Legal Practitioners Rules, 2002. I am available to attend on you or the Legal Practitioners Committee at any time to clarify any aspects of the Complaint and provide such additional information as may be necessary,” Ngulube stated.
LAZ petitioned President Lungu, the Attorney General and the National Assembly in the Constitutional Court for attempting to alter the Constitution of Zambia through Bill 10, 2019.
In the said matter, LAZ is being represented by Simeza, Sangwa and Associates.