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Alba Iulia
Monday, April 6, 2020

Constitutional Court reserves ruling on whether to re-open the case of Ministers paying back the Money

General News Constitutional Court reserves ruling on whether to re-open the case of...

Constitutional Court Judges
Constitutional Court Judges
The Constitutional Court has reserved ruling on whether or not its final decision in a matter can be reopened without seeking its permission in writing.

This is in a matter the Law Association of Zambia (LAZ), as the third petitioner, filed a preliminary issue to discontinue a motion by PF Secretary General, Davies Mwila asking the Court to set aside or reverse its own decision that Ministers who remained in office after the dissolution of parliament should pay back the money they received.

In its preliminary issue, and relying on the skeleton arguments filed in Court, LAZ has argued that the respondents who are Mr. Mwila and the 64 others did not seek permission of the Constitutional Court when they filed a notice of motion and an affidavit asking the Court to reopen its final decision.

And when the matter came up, lawyer representing LAZ Jeffrey Chimankata argued that Order 1, rule 2 of the Constitutional Court does not provide for the reopening of the Court’s final decisions without prior permission in writing.

Mr. Chimankata contends that it is therefore mandatory that if the Court is to reopen its final decision in unique cases, the mover of the motion will have to first put it in writing.

In response counsel representing the respondents Chewe Bwalya argued that there are no requirements for moving a motion to cause the reopening of the final decision of the Constitutional Court.

Mr. Bwalya urged the Court to dismiss LAZ’s preliminary issue as the Court has jurisdiction to give direction where there is no precedence in practice and procedure.

Another lawyer representing the respondents Milingo Lungu urged the Court to evoke Article 118 of the Republican Constitution.

In reply, Mr. Chimankata contended that there is no rule that allows the Constitutional Court to derogate from its own rule.

Mr. Chimankata has insisted that the Court has its own mandate to follow.

Constitutional Court president Hilda Chibomba has since adjourned the matter to a date to be communicated to the parties.

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14 COMMENTS

    • It’s a decision I look forward to. The ConCourt has a duty to re-assert its authority through the quality of its pronouncements, rulings and judgements; the only way open to a court of law to shape society. It is not by intimidating lawyers, litigants and accused persons. It’s by making them see the stupidity of their actions and arguments through reasoned judgements. However, I do not see John Sangwa getting any favourable judgements for his clients because he criticised the appointments of all judges on this court, and fairly in my view. But the judges have many chances to prove Sangwa wrong.

    • These Jokers will now start a case on whether the presenter was in order to even allow the ruling to be heard that must be before deciding the case and then when maybe the length must pay case and then how long.

      What a bunch of knuckle heads

  1. “Constitutional Court has reserved ruling on whether or not its final decision in a matter can be reopened without seeking its permission in writing.”
    What does all this mean …too much jargon in the article???

  2. The ConCourt is the most confused Court in the judicial history of Zambia, confused litigants, confused cases, confused lawyers and confused judgments. It’s better to disband it as it has exposed the judiciary to ridicule

    • These are Lungu’s class mates just look at those people in the picture surely can you get anything sensible from them

  3. As long as Lazy Lungu is in power you will never get anything final from these useless Concourt Judges…when you read that article about Wynter Kabimba’s interview on Lungu’s nationality he clearly stated that he was in the same class as Lungu and most of these appointed judges the women were in the same class so just add two and two together as alot of things happen at university.

  4. The clowns must just pay back the money! These compromised judges are a shame to the legal profession. Its for these reasons we need strong institutions as opposed to a strong president!

    • As long as he handpicks them you will never have true independent judges ….in SA, MPs interview the judges appointees and approve at a public forum.

  5. The corruption and misrule with zero morals and integrity of lungu is mind boggling …….the man is so corrupt as a lawyer that everything he touches is questionable…….lungu is so corrupt that he has never given a free press conference for fear of being asked about his corruption ………what kind of a lawyer is this who fears questions ?
    .

    • A dumb supporting a dull. Jj doesnt even know how concourt judges are appointed. You have many years to learn and reach our levels under5s.

  6. It’s only here where politicians don’t heed a court ruling and continue to avoid paying by hook or crook until finally they intimidate the court now to change its own ruling.

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