The Constitutional Court has adjourned hearing of an application for an injunction to stop Parliament from holding proceedings on the Constitution Amendment Bill No. 10.

This is a matter in which the Law Association of Zambia (LAZ) petitioned the Presidency, the Attorney General and the National Assembly over the Constitutional Amendment Bill No. 10 which passed first reading in Parliament, saying that was in contravention of the current Constitution.

Justice Annie Sitali has adjourned hearing to next week Wednesday to allow the Attorney General, Likando Kalaluka, to file his affidavit in opposition.

Justice Sitali has also directed LAZ to file its arguments by Thursday this week.

LAZ petitioned in the Constitutional Court to challenge the decisions of President Edgar Lungu, the Attorney General and the National Assembly in relation to the Constitution of Zambia (amendment) Bill no. 10 of 2019, pursuant to article 128 (3) (b) of the constitution of Zambia, chapter 1 of the laws of Zambia.

But the Attorney General asked the Court to dismiss with costs the petition filed by LAZ that Parliament must not hold proceedings on the Constitution Amendment Bill No. 10.

Kalaluka argued that the initiation of the Bill by the President and its tabling for first reading by the Speaker of the National Assembly do not amount to the amendment of the Constitution.

He stated that the petitioner cannot argue that the signing of the Bill by the Attorney General, as required by Article 177, is an amendment of the constitution.

“Therefore, the petitioner cannot allege that by virtue of a decision by the respondents to do what is required of them by the constitution which may lead to the amendment of the constitution, the constitution has been abrogated. This is because the actions of the respondents do not amount to an amendment in itself,” Kalaluka stated.

In the said petition, LAZ challenged the decision of the President with regard to his function of initiating bills for submission to, and consideration by the Speaker of the National Assembly as provided in Article 92 and the decision of the Attorney General as Chief Legal Advisor to the government to sign the bill presented to the National Assembly as provided in Article 177 (5) (b) of the constitution.

LAZ further petitioned the decision of the Speaker of the National Assembly to publish the Constitution of Zambia (Amendment) Bill, No. 10 of 2019 in the government Gazette pursuant to Article 79 (2) of the Constitution, and to table the bill for first reading on 2nd August, 2019.

The lawyers’ body is therefore seeking a declaration that the respondents’ decision in relation to the Bill is illegal and contravenes Articles 89, 61, 79, 90, 92, and 79 of the Constitution.

But Kalaluka stated that LAZ makes reference to what is now being called ‘Decisions’ which are in fact steps which ought to be taken in proposing amendments to the Constitution and “it is those steps that the Petitioner has presented to the Court as contraventions without pleading expressly how these acts amount to contraventions of the Constitution”.

Meanwhile, the parliamentary Committee begins to hear submissions tomorrow from those lined up to submit and will complete its work by the 10th of September.

[Read 2,836 times, 2 reads today]
Loading...

20 COMMENTS

  1. This is confusing. In other Countries any New Bill except a Constitutional Amendment Bill is vetted by Parliamentary Legal Committee (PLC). PLC is a Constitutional Watchdog whose task is to vet every Bill and Report to Parliament “whether a Bill contains any Provisions which if enacted would violate the Bill of Rights or any Provision of the Constitution”. Does Parliament have a PLC? As for Constitutional Amendment Bills who vets their Constitutionality if Concourt can’t do it? The AG should answer this question? Why should Zambia different from other Countries concerning the Role of PLC? Puzzling indeed!

    5

    0
    • Matters of the law are not for babies like LAZ president Mweetwa alias mwitwa.
      The AG sound credible on face value.
      Compromised LAZ sounds malicious and overstepping and overambitious and overzealous.
      Let the Rule of Law take precedence.
      Nice try LAZ, God work AG.

      47

      14
    • ”By justice a king gives a country stability, but one who is greedy for bribes tears it down.” PROVERBS 29;4

      6

      0
    • Hold your breath! With this Petition b4 Anne Sitali the Injunction is already of no use. Submissions we are told start from 3 to 10th Sept and the Hearing is adjourned to 11th Sept after the Submissions are finished on the 10th Sept. With this State Captured Judge in charge of Amendment Bill No.10 the LAZ Petition to Concourt will be dismissed. History doesn’t repeat itself but it often rhymes. Anne Sitali will always be Anne Sitali. What happened to the Presidential Petition in 2016 will happen to Bill 10. The writing is on the Wall.

      3

      0
  2. I LOVE THIS LADY ANNIE SITALI. SHE MAKES IMPECCABLE DECISIONS. I CANNOT WAIT TO HEAR THOSE FAMOUS WORDS: “THE COURT HAS THROWN OUT ……”

    12

    6
  3. What the PF has proposed is as good as writing another Constitution. This is very embarrassing. General Miyanda warned several times here that “Edgar please don’t sign that Constitution with your eyes closed” but alas, he was unrelenting. Has he no shame that less that in less that 48 months he’s seeking amendments? Zambia needs upright men and women to rule not the current crop. Edgar is a big disappointment I didn’t he was going to behave in this manner. Godfridah please read Proverbs 31 to your colleagues in the next Cabinet meeting

    4

    3
    • cause he signed the constitution while closing his eyes hence these problems we have,and it is the fact that he closed his cause when signing he even made a mistake dates and where to sign

      3

      2
  4. This will very likely be the last case the ConCourt will hear before its disbandment after 2021.
    The ConCourt will forever be remembered as Edgar Lungus Kangaroo Court.
    Its judgements just worsen the already existing legal chaos in the country.

    4

    3
    • I totally agree with you and am now wondering where normal people like you have been. To tell you the truth there has been no Zambia since 2015. Foxes and dogs have been the only ones in the limelight while the country has been going down on its knees praying for the disappearance of these green animals.

      0

      0
  5. Thorn in the Flesh. Don’t just be a cadre. Read the constitution. I’m not seeing anything worth praising in that submission. But I know it is a waste of time with the history of this PF Concourt anything goes.
    2) Subject to Article 28 (2), where a question relating to this Constitution arises in a court, the person presiding in that court shall refer the question to the Constitutional Court. (3) Subject to Article 28, a person who alleges that— (a) an Act of Parliament or statutory instrument; (b) an action, measure or decision taken under law; (c) an act, omission, measure or decision by a person or an authority; contravenes this Constitution, may petition the Constitutional Court for redress. end of quote.

    5

    0
    • Start making submissions instead of delving in matters you don’t have a clue on.
      Whatever the case, in the rule of law environment, the courts gets to decide in a ruling on who is right or wrong and what is right or wrong in the eyes of the Law. Kiddy LAZ rushed to Court, the Government through AG raised issues and here is where we are. In the thick of it Speaker educated LAZ that its (Parley’s) business rolls on regardless. So what are you yapping about iwe? What is cadre about it cadre?

      1

      4
  6. Why is Concourt protecting Speaker Matibini? He must make a Submission on how he personally decide whether or not should be Debated and Voted on. On the Impeachment Bill Speaker Matibini blocked this Bill from Debate and 2/3 Majority Vote on the Basis that the Bill was Petitioned in Court. Bill No.10 has been Petitioned in Concourt so why is Speaker Matibini allowing Submissions thru the Select Committee appointed by him? Who ensures the Constitutionality of Bill No.10 if Concourt can’t consider this Bill? For a Bill requiring a 2/3 Majority Vote suremy it must be put to a Vote first b4 The Select Committee asks for Submissions. Speaker Matibini is trying to Rig the 2/3 Majority Vote by manipulating the Parliamentary System. This must be stopped.

    6

    1
  7. I’m very disappointed that notorious Mutembo Nchito hasn’t yet joined the drama. We want more entertainment and only Mutembo is equal to the task. I want to see how he will toy around with the AG

    1

    0
  8. I totally agree with you and am now wondering where normal people like you have been. To tell you the truth there has been no Zambia since 2015. Foxes and dogs have been the only ones in the limelight while the country has been going down on its knees praying for the disappearance of these green animals.

    0

    0
  9. This Anne Sitali Judge will never change. She is State Captured to the Core. The purpose of LAZ applying is to stop the Processing of Bill No.10 timely. Instead of dismissing the Application for an Injunction Anne Sitali has smartly made the Application for an Injunction irrelevant by adjourning the Hearing to the 11th Sept 2019 after the Submission to the Select Committee are completed on 10th Sept 2019. The Application for an Injunction will be made irrelevant and one wonders how she will Rule on the main Petition? As b4 we should expect compromised Anne Sitali to come up with a surprise. It’s obvious Parliament,Concourt and President’s Office are conniving to steal a 2/3 Majority Vote in Parliament. That is what Speaker Matibini and the AG are mafially scheming how Bill No.10 will be…

    4

    0
  10. So what gibberish is this from our AG? He means the petitioners must wait for the constitution to be amended before they complain? Isn’t prevention better than cure?

    12

    0

Comments are closed.