PeP asks Concourt to subpoena Siliya, Chanda in eSwatini land issue

Sean Tembo has applied for leave in the Constitutional Court to issue subpoenas against Dora Siliya, Amos Chanda and three journalists to testify in a case he wants a determination of the legality of the land gift President Edgar Lungu received from his eSwatini counterpart. Tembo, in an affidavit filed in court, stated that he identified the information minister, Siliya, President Lungu’s press aide, Chanda, journalists Oliver Chisenga, Stuart Lisulo, and Steven Mvula’s testimony would support his case and wants the court to issue them subpoenas to compel them to testify.

He stated that he served letters on the five on October 23, inviting them to testify on the date of trial but that neither of the witnesses accepted service of the same nor showed willingness to appear on the date of trial to testify.

“I honestly believe that this honourable court has jurisdiction to issue a subpoena to compel witnesses to testify,” Tembo said. ” If the court does not compel the witnesses to testify, they are likely to abscond from court. I believe that it is in the interest of justice that witnesses be compelled to testify on the date of trial as not to do so will collapse my case for lack of evidence.”

Tembo’s application will be heard by judge Martin Musaluke. And the Concourt panel of president Hildah Chibomba, justices Annie Sitali, Enock Mulembe, Palan Mulonda and Martin Musaluke adjourned the case to the first week of December.

Tembo in his petition asked the court to state if President Lungu, in his official capacity, can receive a gift of land from another person without violating section 21 (b) of the Anti-Corruption Act number 3 of 2012 and Article 92 (1) of the Constitution.

He also wants the court to determine the meaning and scope of section 21 (b) of the Anti-Corruption Act number 3 of 2012 and Article 92 (1) of the Republican Constitution vis-a-vis the President receiving a gift. Tembo has submitted that there are documents in the Kingdom of eSwatini indicating that the land was one of about 90 plots formerly owned by a company called Inyatsi Properties Limited.

Source: The Mast