In a notice filed in the constitutional court yesterday, the UPND, through its lawyers, said it sought to discontinue the matter henceforth, adding that service of the process had not been effected on the respondents because of the same reason.
Reports suggest that the decision to abandon the case comes after the party leadership met and resolved to discontinue.
In an affidavit filed in the Constitutional Court last week through its secretary-general Stephen Katuta, the party alleged that the decision to invoke article 31 was a scheme calculated to disenfranchise the 46 suspended members of Parliament and their respective constituencies from participating in matters of national importance.
Mr Katuka said he was reliably advised and believed that it was unconstitutional for Parliament to convene for purposes of passing a resolution to approve the declaration in the absence of the suspended UPND MPs.
“By reason of the foregoing, I have filed an originating summons to call for the interpretation of Article 31(2) of the Constitution of Zambia and impugn the decision of the Speaker to proceed in the absence of the UPND members of Parliament to approve the declaration,” Mr Katuka said.
He also wanted the court to interpret whether in the absence of the 46 suspended MPs, the remaining MPs, who mainly comprise Patriotic Front (PF), can ratify the invocation.
President Lungu recently invoked Article 31, proclaiming that there exists a situation which, if it is allowed to continue, may lead to a state of emergency.
“If not, whether this is not a suitable matter for the Constitutional Court to quash any decision, action, measure whatsoever by the Speaker to approve by a resolution, the proclamation by the President of the republic of Zambia as promulgated in gazette notice number 448 of 2017 under statutory instrument number 53 of 2017 and declare that such is or was unconstitutional for being done in contravention of article 31(2) of the Constitution of Zambia,” Mr Katuka said.
Meanwhile, 11 female UPND supporters accused of rioting at the Lusaka High Court have been set free.
Lusaka magistrate Sylvia Munyinya has acquitted Taisa Chihukwe and 10 others.
The cadres were accused of running amok after the presidential petition hearing on 15th December 2016.
Comment: the moment you realise you are wasting your time which makes me wonder sometimes what the UPND think this is,I fear the reason they didn’t want article 31 approved are for reasons of wanting these arsonists to carry on,either because they are thee or are in support of the recent burnings.message approved
Is this to pave way for the much talked dialogue? there was no need for file in the case on the first place
Can’t wait to see what the legal body LAZarous (Friends of the court) will now say. I fail to comprehend why LAZarous seemingly comes out so ain’t Govt. I have never heard them say anything positive regarding the Govt. While we agree that there are some things Govt. could have done better you don’t criticize them all the away. What is the BEEF between the current LAZarous leadership and Govt. ? Are there business or family relations that might be under currents in the background influencing all this?
Those 10 female UPNDs have been in prison all this time? So GBM was right.
So Party Secretary General Stephen Katuka “was reliably misinformed”. But anyway what is clear is that they have appreciated my free legal advice as opposed to their expensive lawyers. that an appeal in a human court is based on the same facts presented to tge liwer court. That the lower Judge erred…etc etc….NOT starting completely new grounds for a case. So sone donkeys have started listening then? Thats good for them and everybody else. Thanks.
Suspended or not suspended, the bill would have still gone through because of majority vote. This was going to be a waste of resources and time by UPND
this is UPND on it again.
Yea useless kants . All the cases they take to court are baseless and when they lose they screem the loudest that judges sre corrupt.
Flip-flop under five party. Party ya fikopo. Empty tins make the loudest noise.
…ala kuwaya waya fye ba upnd, ni chipante pante…
UPND PARTY WITH NO DIRECTION….KUWAYA WAYA FYEEEEEEEEEEE
All UPND brainwashed fundamentalists have gone AWOL!
More time and money wasted by these immature fooools…they should have used the time for something else…they are simply too predictable!!
Meanwhile the lawyers are going to the bank with huge smiles on their fat oily faces. Upnd should sit down as a central management committee and talk seriously the way forward as party, not these gibberish statements from one GBM today, next Nalumango followed either by Kakoma or Katuka. Like it or not Upnd is as important as PF in the affairs of Zambian lives and the sooner they reorganize themselves the better.
Who are the advisors of UPND? Whoever there are, they are making the party look very foolish in the eyes of Zambians and the international community. No wonder the world is quiet despite their numerous rantings against the govt. From my past experience, this shows that one or two persons are holding the party at ransom and the rest of the members are dead scared of them.
What do you expect of them to do when their head is in prison. They are simply headless chickens. No direction no vision.
It shows maturity when you deliberate and decide on a course of action – even though it is against the one you embarked on initially (especially that it doesn’t happen often) Some Parties never admit they are wrong or accept criticism. They never do anything right, in the first place.
upnd lawyers mislead their party.upnd party lack proper advisers on national matters.they seem not to comprehend serious national matters.that party will die from malnutrion of wisdom.”never force matters ba upnd…”coz wisdom is a gift from God.” in a world of business time is money, so don’t worst the courts’ time.