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Alba Iulia
Saturday, July 11, 2020

Constitutional Court to rule on Mwanakatwe ‘s Lusaka Central Seat

Headlines Constitutional Court to rule on Mwanakatwe 's Lusaka Central Seat

Minister of Commerce,Trade and Industry Margaret Mwanakatwe flashing the PF symbol just after President Lungu filled in his nomination at Mulungushi conference center
FILE: Margaret Mwanakatwe flashing
the PF symbol just after President Lungu filled in his nomination at
Mulungushi conference center

The Constitutional Court is today expected to render a ruling in the case where Minister of Finance Margaret Mwanakatwe has challenged the High Court’s decision to nullify her parliamentary seat.

In this matter, UPND losing Lusaka Central MP Charlotte Scott argued that Mrs. Mwanakatwe cannot remain in office as the case goes on because she did not apply for the stay of execution of the High Court decision.

Dr. Scott has further argued that the decision of the single judge that an appeal to the constitutional court is equivalent to application for a stay, is not correct.

She has further asked the court to dismiss Mrs. Mwanakatwe’s appeal because it is defective.

When the case comes up, the full bench of the court will either affirm or dismiss the position of the single judge.

Mrs. Mwanakatwe appealed to the constitutional court following the High Court’s decision to nullify her seat

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  1. Highly unlikely that those judges will rule in favour of UPND. Pretty sure the judgement was drafted at PF secretariat.

    • Thats a sad assumption though highly possible considering how the presidential petition was thrown out by our learned judges!

    • Abuse of power, some of these people have stolen enough. We are 16Milion Zambians with a lot that is capable to rule with a passion. Let her be disqualified. She does not even deserve the Finance Minister post.

  2. Posterity will judge us harshly if we continue to circumvent the rule of law to appease those in power today. Justice must not only be done, it should be seen by all that it is being done. Today, those vested with the power to rule must know that tomorrow the same power they have will be in the hands of others. Kambwili is a case in point and today he is crying like a baby. Let justice prevail in this matter, political affiliation should play no role.

    • True. But sadly, the average Zambian-and especially politician- cares nothing for the future. He only cares about satisfying his lusts today. This shows that the root of the matter lies in a deficient value system and a lack of morality. Until we embrace a purpose larger than our bellies and bank accounts, there will never be change.
      For instance what we see in the USA today is the children ripping the benefits of the sacrifice of the fathers. It’s the blossoming of what the ancients only dreamed about.
      In Africa, and Zambia in particular, we are obsessed with living the dream. No one is ready to sacrifice. least of all the leaders.

    • Forget about a decent judgement. This is Zambia where illiterates, thieves and convicted criminals can assume the highest offices in the land and the gullible Zambians will be there cheering them. It is sad to be an African especially a Zambian. Thieves in Zambia even encourage each other to steal, but not to steal everything. What a country.

  3. Journeyman Congratulations you have succinctly stated the reason for our malaise.
    Wanting to live the dream without the work.

  4. You know, it’s mind-boggling sometimes. A situation is there where Chilanga MP has been sent to the gallows and he has appealed to the supreme court but in the meantime the Speaker declares the seat vacant. In Mwanakatwe’s situation, the high court nullified her seat but she appealed to the Concourt, meanwhile she continued to be area MP and she has now even been given the hefty job of finance minister.can someone educate me if these scenarios are totally different. I need to understand exactly.

    • Totally different and unrelated cases. In one case, the subject is the seat itself. In the other the subject is murder. If in Keith’s case the subject was the seat, then we would say this is an enigma.

      This is what I can say as a seasoned criminal lawyer (LLB,1978)

  5. On December 31, 1981 a coup d’etat brought the Provisional National Defence Council (PNDC) to power in Ghana with one Flt-Lt J. J. Rawlings at the helm as chairman. One of the first things he did was to order the killing of the three High Court judges namely Cecilia Koranteng Addo, Frederick Sarkodie, and Kwadjo Agyei Agyepong. The Flt-Lt popped champagne, after he was informed that the three persons had been murdered. I would advise the Constitutional Court judges to beware that this saves as a serious precedent to punishment that awaits people who desecrate the bench, you will sooner than later be shot!

  6. Its true & I concur this writer who said we honour even thieves in this nation. Someone used to steal from his clients but today we are saying he is a humble leader. What

  7. So if her seat is nullified that’s when justice will be done ??? You just crazy stupid power hungry people who will never rule this country

  8. In Africa the problem we have is that we go by the old way of glorifying a name. Even if the person is not fit to be in a role or position, we associate it by an old relatives position and why we are always in trouble because we fail to allow new talent to come in the gene pool. Mwanakatwe’s conduct and actions along should disqualify her. Just look at her past from taking money meant for the vulnerable sector to being found in bars with men to public intoxication and losing government passports. The question is why did she have two passports? Her and her husband have been marred by illegal business dealings and she is still working fore the government. Lungu is the only one to blame. He is extremely fond of hiring the corrupt. Maybe its because birds of a feather flock together!

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