The Constitutional Court has adjourned the hearing of an application by the Law Association of Zambia for an injunction to prevent Parliament from proceeding to receive submissions and debate the Constitution of Zambia Amendment Bill number 10 of 2019 to Monday, 16th September, 2019.
On Monday, Attorney General Likando Kalaluka filed arguments in opposition to an application for injunction, stating that the State Proceedings Act bars an injunction against the State in civil proceedings.
Mr Kalaluka also denied the claim by the LAZ lawyer John Sangwa that the doctrine of exclusive cognizance is alien to Zambia’s Constitutional law.
The Attorney General cited a number of Zambian and foreign authorities to show that Parliament enjoys the doctrine of exclusive cognizance in the conduct of its business.
Mr Kalaluka quoting some legal authorities, defined the doctrine of exclusive cognizance as a principle where only the House can regulate what is said and done in the proceedings of the House.
On the contention by Mr Sangwa that the National Assembly proceeded with the legislative process despite the matter being sub judice, Mr Kalaluka quoted the legal authorities which state that successive Speakers, by law and parliamentary practice, have discretion to determine which matter is sub judice.