The Constitutional Court has reserved ruling in a case where UPND Lusaka Central constituency losing candidate Charlotte Scott has challenged the continued stay in office of Margaret Mwanakatwe as Member of Parliament.
Dr. Scot contends that it is wrong for the single Judge of the Constitution court to allow Mrs. Mwanakatwe to remain in office as she waits for her appeal to be determined.
She argued through her lawyer Gilbert Phiri and Keith Mweemba that the Constitutional Court should dismiss the thinking of the single Judge who gave an impression that an appeal is an automatic stay by the operation of the law.
But Mrs. Mwanakatwe’s lawyers asked the court led by Judge Annie Sitali to dismiss the motion because it is an abuse of the court process.
Kelvin Bwalya, Joseph Jalasi and Eric Silwamba argued that the motion by Dr. Scott was wrongly brought to court hence the need to be dismissed.
In this matter Mrs. Mwanakatwe had applied for the stay of execution of the High Court Judgement that nullified her elections before the single Judge.
Judge Mulembe did not grant the stay stating that the appellant will remain in office following the appeal because of the operation of the law.