By Mwaka Ndawa
LUSAKA lawyer Tutwa Ngulube has filed to the Law Association of Zambia a complaint of professional misconduct against constitutional lawyer John Sangwa over his decision to address a letter to President Edgar Lungu asking him to withdraw Bill 10.
Ngulube, who is also PF Kabwe Central member of parliament has written to the Law Association of Zambia (LAZ) stating that Sangwa 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.
Ngulube charged that it was professional misconduct for Sangwa to write a letter directly to President Lungu instead of his lawyers.
In a letter addressed to President Lungu dated September 11, Sangwa begged the Head of State to uphold the Constitution by withdrawing the Constitutional (Amendment) Bill No.10 as there was no single provision that was progressive or benefiting 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,” said Sangwa
But Ngulube, in his letter to the law association’s legal practitioners committee, described State Counsel Sangwa’s decision as professional misconduct.
“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 indicated.
“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.”
He explained that the Head of State was represented by lawyers, adding that it was professional misconduct for Sangwa to have written a letter directly and served on him instead of his lawyers.
Sangwa is also representing the Law Association of Zambia in a matter where it has petitioned President Lungu, the Attorney General and the National Assembly in the Constitutional Court over their decision to remodel the Constitutional (Amendment) Bill No.10 of 2019./