Constitutional Lawyer John Sangwa stresses a point at a recent public discussion on the Constitutional Amendment Bill
Constitutional Lawyer John Sangwa stresses a point at a recent public discussion on the Constitutional Amendment Bill

The Law Association of Zambia has petitioned the President of Zambia, the Attorney General and the Assembly over the Constitutional Amendment Bill No. 10.

Law Association of Zambia is being represented by top Constitutional lawyers from Sangwa Associates.

Sangwa and Associates have since notified Speaker of the National Assembly Patrick Matibini of the Court action.

In a letter to Dr Matibini, the law firm is urging the Speaker not to bring the Bill onto the floor as it is now in Court.

Simeza and Associates served the petition and the affidavit verifying fact this morning.

“Mr Speaker, it has always been tradition of the National Assembly not to debate or discuss matters that are before the courts of law. Since the subject of the said petition is the constitutionality of the decision by the respondents to amend the Constitution of Zambia in the manner set out in the Constitution of Zambia (Amendment) Bill No. 10 of 2019, is the Honourable Speaker in a position to undertake in lieu of the Petitioner moving to the Constitutional Court for the interim order restraining the National Assembly from considering the said Bill, that the National Assembly will not, whilst this matter is pending before the Constitutional Court, continue with the legislative process to enact the said Bill into law?”

“Mr Speaker, we will be grateful to receive a response to these representatiions within 7 days from the date of the letter”, read the statement from Simeza Sangwa Associates acting on behalf of LAZ.

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28 COMMENTS

  1. That Kangaroo court will do as the Banana republican president wishes, I have no faith in that so called CON of a court.

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    • They better watch their step. Any fake rulings and the international community will blacklist our country. It’s the poor who stand to suffer if that happens while mute- a-worry continues wining and dining with his greedy minions. We are headed the Zimbabwe way sadly because we elected “evil people”.

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    • And then the LAZ will have to withdraw their law practising licences for incompentence and then they have to be relieved of their duties to sit on the bench. Wishfull thinking ofcourse.
      Checkmate.

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    • Not withstanding that it is your Constitutional right as LAZ to question the sanity laid in the maneuvers to alter phrasal layout and meaning of the current law vis a vis lacunas et al, the manner of Constitutional amends in Zambia remains a bone of contention. Squabbles, lamentation, disagreements, philosophies, verbal battles and what have you remains the order of the day.
      The way I see it.
      The fact that LAZ has taken this route by no means accrue to the fact that they will carry the day. It’s either they are late or they have misplaced priorities. Let democracy take route in parliament. Parley makes laws. Another fishing expedition on the part of LAZ, I say. Let’s rock & roll.

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    • This is a Brilliant move by LAZ. ECL thought he was clever when he blocked Parliament from impeaching him when he rushed to Court. To date the Impeachment Bill has been blocked by the Courts. This is a nice precedent which should be used to block the Tabling of the Amendment Bill No 10 of 2019. We are anxious to see how the Compromised Speaker of Parliament will proceed with this Bill. PF was scheming on how this Bill should be passed in Parliament thru chicanery means. The Bill affects Concourt and the Supreme Court so we shall see how Concourt handles this Petition.

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  2. Qs&As
    ***********************
    Q1. Does the current Constitution need amends?
    Ans. YES

    Q2. Do all political parties reckon that we need to fine tune the Constitution to address the so called lacunas?
    Ans. YES

    Q3. Does Constitution amendments in Zambia receive the blessings of all Zambians in a unanimous voice?
    Ans. NO

    Q4. Has Zambia ever halted the Constitution Amendment process because those opposing the process have refused to come aboard?
    Ans. NO

    Q5. Is it the mandate of LAZ to interfere with the amendment or making of laws in Zambia?
    Ans. HELL NO

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    • This chap Thorn has mental issues… you write like you’ve lived in a shanty compound all your life and just tasted civility mumayard like your humble leader.

      You are scared to go back where you belong if Bill 10 gets stopped.

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    • Life is NOT a decision-tree! Try it, take your own and dichotomise it in a decision-tree, bet youe wife is NOT THE RIGHT ONE?…..THE CHIEF DECIDED FOR THE PEOPLE SO LONG AS HE “HEARD” THEM…otherwise IF NEED BE “KAN’GOTO” ! THE PEOPLE HAVE SAID “NO!!” to PF-NDF AMENDMENT!!! Shemuna? Sheeeeeem !!!!!

      Live with, RUN BOYS RAN, THEY ARE GONNA GET YOU!!!
      KK had Shambalakale and USD8K….u only miss wht u hd whn u lse it
      #ZambiaFirst !!

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    • Simple question: do u miss KK, with ALL HIS faults? I DO !!!
      If NOT then “get out of here” – Google: Mbikusita Lewanika-Yamba-Katilungu-ANC-UPP-UNIP-MMD…STAND-UP FOR ZED mwebantu…think the solution will come from outside? I say to europeans, there are STILL 3 types of “Black Afrikans” : Stayers, Goers, Fighters…this IS Zed’s Wakanda- Time !!

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    • @3.1 & 3.2

      I hit you where it matters.

      Nevertheless, Double K would say and I quote,

      “Stup1d 1d10ts” ,

      End of quote.

      Now let’s rock and roll folks!

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  3. Why does Chagwa want to remove the 5 year term limits to the Presidential term of office?
    Are we ready as Zambians to go back to the one party dictatorship?
    Can all Patriotic Citizens support LAZ on this one! We must stop selfish politicians from selfishly meddling with our Constitution!
    This is how dictatorship starts! The chip away the constitution slowly and take away citizens rights and freedoms one by one until illegalities are constitutionalized! Let’s not allow this to happen on our soil!

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  4. BRAVO JOHN SANGWA. YOU ARE SUCH AN INTELLIGENT LAWYER.THE LAW SHOULD NOT BE CHANGED IN ORDER TO PLEASE SOMEONE IN ORDER TO PROTECT HIS THIEVING WITH HIS CLONES.PERIOD.

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  5. This Legal Action by LAZ is unprecedented but most welcome. When u see widespread opposition to this Bill then u know there is something terribly wrong with this Bill. Opposition Parties, Churches, Prominent Constitutional Lawyers, International Legal Associations, NGOs, LAZ, Students etc are all opposed to this Amendment Bill. This unpopular, illegal and unconstitutional Bill must be withdrawn from Parliament without fail. Should the Bill becoz tabled in Parliament we urge all MPs to vote against this Bill to prevent a PF Dictatorship in Zambia. The writing is on the Wall.

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  6. Can LAZ open an account so that we can support this just cause. This will insulate it against politician who will ask it about who gave it a mandate.

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  7. A consumer of Legana Meat products Luyando Kopakopa has sued the company demanding for damages after consuming their Hangarian sausage, which allegedly appeared to have been packed in a condom.Ms. Kopakopa wants damages for tortious liability arising from consumption of hungarian sausage allegedly produced by Legana Meat Products.
    Meanwhile, Proprietor of Legana Meat Products Edith Nawakwi says she will sue the people spreading falsehoods on social media that Legana sausages contain human flesh.Ms. Nawakwi said she has since reported Erick Ng’andu and Luyando Kopakopa to the police for spreading falsehoods that Legana sausages contains human flesh. She has since challenged Erick Ng’andu and Luyando Kopakopa to report to the police
    WHO IS THE VICTIM HERE? IS IT NAWAKWI OR MS KOPAOPA?

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  8. Ba Sangwa, namukota please give a break whats your problem? You stopped being relevant some 10 years ago. And the current LAZ president, is he serious in anything that chap? Even in church, you can see that he wants people to notice him, sad.

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  9. Edger is not a good president and so is the pf, in fact is a worst President ever. This nonsense of changing the constitution should come to an end forthwith. Do not take us for granted. We are are all share holders of this country. If you have stolen, please we did not force you and don’t use the changed constitution as a shield. We will all rise up and allow the law to take it’s cause.

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  10. The Judiciary cannot stop or interfere with the core business of Parliament which is to make laws of the country… Only UPND sycophants and zealots and enemies of progress who are into group think mentality cannot reason that LAZ has no constitution mandate to all Zambians who have elected representatives in parliament but it can only regulate it’s members… If there’s a conflict between the two, the elected representatives will always have a say and that’s the beauty of democracy.

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    • Your Memory is short. When ECL realised he might be impeached in Parliament he rushed to the Court to stop a Parliament Procedure. The Debate and vote on the Bill was suspended pending the Courts Ruling on the Lungu Petition. Becoz of this Precedent we shall see if Matibini will put this Bill on the Floor in Parliament in contempt of the Court Injunction? Interesting times ahead.

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  11. The PF Government wants to amend the PUBLIC ORDER ACT to suit the current scenario to the benefit of
    OPPOSITION PARTIES, alias the same OPPOSITION PARTIES are saying DONT AMEND through LAZ .

    What it simply means is that POA will remain in its current form. The police will remain the managers of the POA and no Political Party should complain of unfairness in its application.

    We will not progress in Zambia. We have dull dull opposition parties.

    Lawyers spent 14 days arguing on unnecessary preliminary matters during 2016 presidential petition instead of the core matter of rigging by producing evidence and lost out on time. Now PF wants to increase the Petition time to more than 30 days, Opposition and LAZ are saying NO. DONT AMEND

    What kind of people are we ,? just complainants…

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  12. Constitution formulation has been a thorn in our flesh. Successive governments have tried to come up with a viable document but has failed. It is because it is made out of myopic mentality and ulterior motives. It will be a pipedream to think that any government will come up with a durable document called constitution. It is a sheer waste of money. Most of the members to constitution making process, go there for monetary gains. It is a source of income because it is shrouded in an unaccountability. As a nation, we need to move on and forget about this useless document. It will not yield any results apart from enriching thieves. If anything, nothing is adhered to in clauses of constitution. The only clause which is prominent and is practiced is capital punishment.

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  13. Constitutional Amendment Bill No.10 affects Concourt and the Supreme Court. Rather than go the Constitutional Route is not better to lobby all MPs to vote against the Bill? PF don’t have a 2/3 Majority MPs in Parliament. If all UPND MPs reject and vote against the Bill then the Bill will be dead in the water. Its better for MPs kill this Bill in Parliament. However the intervention by LAZ is welcome to spoil the PF manoeuvres to impose a One Party State in Zambia.

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    • Ba Chola, You have a point. The only problem with the opposition MPs killing it in parliament might be their attendance during debating/voting. They will not be there or worse still they will boycott. Unreliable chaps, wish they could boycott their allowances.

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