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Alba Iulia
Thursday, October 22, 2020

Constitutional Court dismisses an application by the Law Association of Zambia to stop Bill No 10

Headlines Constitutional Court dismisses an application by the Law Association of Zambia...

The Constitutional Court has dismissed an application by the Law Association of Zambia for an injunction to stop Parliament from proceeding to receive submissions from stakeholders and having Bill number 10 read on Second and Third Reading.

In a ruling delivered yesterday, Zambia’s highest Court determined that in making submissions to the Parliamentary Select Committee, LAZ would not suffer any injury.

It observed that LAZ was invited to make submissions to the Select Committee but declined to do so and cannot now turn around to claim it would suffer injury.

The Court emphasized that article 89(1) is mandatory for Parliament to engage the public in the legislative process and LAZ should have utilised the Constitutional mechanism to air its grievances on the clauses.

On Tuesday, September 17, 2019 when the matter came up for hearing, the ConCourt heard the application by LAZ to dismiss the Respondents’ notice to raise preliminary issues.

This means that LAZ raised preliminary issues on the Respondents’ preliminary issues. The Court reserved its ruling to Friday, 27 September 2019 or before.

Depending on the ruling on LAZ’s application, the Respondents’ preliminary objection or the main matter may be heard on a date to be advised by the ConCourt.

30 COMMENTS

  1. Opposite to what is happening in UK. That is why it is the dark continent. Thank god I have a white wife who I love who brings me sunshine

    • Time wasters.
      Laz is compromised.
      Will we ever take this Lawyers’ grouping seriously again with the current crop of leadership?
      “Believe passionately in what you do, and never knowingly compromise your standards and values. Act like a true professional, aiming for true excellence, and the money will follow.”
      — David Maister

    • Another reason Zambia is behind, we have more inferiority complexe individuals than Ghana. Brexit is really going well in the UK I see. kikikikiki, stop being gullible; white women are the most overrated women on the planet. Next to Asian women from the orient.

  2. Did you honestly expect the Concourt to disobey Edgar Lungu’s remarks in Parliament that the constitution will be refined whether Zambia likes it or not?

    • But I will always have great respect for the Concourt in that LANDMARK ruling of former Ministers paying what they earned illegally in 2016

  3. That was predictable. Anne Sitali will Never make a Judgment against the State. Compared to the Judgment made by the UK Supreme Court on Prorogation u can see that our Judges are Captured by the State. Our Judges especially at Concourt and in particular Anne Sitali lack Professionalism and Objectivity. This Judge didn’t handle the Injunction with any urgency. The Select Committee has almost completed its processes. The Actions of this Judge during the Presidential Petition in 2016 don’t inspire Confidence in this Judge. People should not expect an objective Judgment on Bill 10 with Judges like this one. The writing is on the Wall.

  4. This Judgment is academic becoz the Select Committee is completing its work. An injunction was supposed to stop the Submissions so it has come after the Horses have bolted so speak. We are waiting to see how Concourt is going to deal with the main Amendment Bill of Bill 10 Petition of 2019. Given Concourt’s performance record on the Presidential Petition in 2016 we don’t expect any Professionalism and Objectivity from a State Captured Concourt. We will be shocked if Concourt Judges can Rule against their Appointing Authority. Time will tell.

  5. This judge must be very powerful. Even LAZ had no chance? LAZ needs to review its strategy I imagine there’s chaos in the legal fraternity in this country.

  6. John Sangwa has chewed. Despite the ConCourt ruling he will still get paid. It was an exercise in futility anyway. Everyone knows someone from outside is funding this campaign. They must be gnashing their teeth at kainde’s constant failures to cause confusion in the country. MWALOBA ILYAUMA, BA SHETANI. VIVA DEMOCRACY IN ZAMBIA!!!

  7. I took several days studying bill no 10. Some clauses are retrogressive BUT majority of clauses are very(progressive) important.
    Very few clauses cited in the article of bill 10 are retrogressive.If only politicians can work together the better .
    This is my independent view.

    • Certain matters border well above partisan politics and individualism. Zambia today is in trouble and is regressing because we have a very poor calibre of politicians in opposition. How can a party with the second largest presence in parliament fail to analyse and add on to bill no. 10?? Upnd should have been in the forefront adding progressive clauses to bill no. 10 at NDF. Bill no. 10 is not about PF but is about Zambia and its future generations.

  8. SOME GAMES FOR LAWYERS, SAME WAY INNOCENT ACCUSED VICTIMS END UP IN PRISON FOR THE CRIMES THEY DID NOT COMMIT… NO STRAIGHT INTERPRETATION IN THE LAW.

  9. I agree with @ Zambian Citizen. UPND should be in the forefront to propose,analyse and productively debate these isues. But they are always thinking of now?and never tomorrow.
    Some of the clauses in Bill No. 10 are very futuristic and potentially beneficial to even UPND itself.
    Sometimes, if a confessional way never ever works, the brave will take a less conversional easier but effective way. Those who don’t want to take part should not complain if even useless laws are included because they absconded from the process.

  10. The ruling is actually good.We can now proceed with the impeachment motion.
    The speaker cant now use the excuse of the matter being before the courts of law.
    The opposition should tell the speaker to continue with the impeachment motion.

    • How are they going to impeach a president with 1/5th of parliament? That is more tax payer money being used up in useless committees. The US has a better chance of ridding itself of Trump than Zambia opposition throwing tantrums.

  11. The question that begs is how much is LAZ paying Sangwa for this futile effort?. Is the LAW fraternity not concerned about the prodigal manner in which it’s association spends its membership contributions?

  12. The aboishion of LAZ out of Zambian life, SHOULD have been included in the Bill……..that’s the only flaw with the Bill!

    Please government, take this thorn out of our feet…….set up a more responsible legal overseer than this Lazy thinking LAZ.

    A waste of courts time and tax payers money.

    • abolition………..looks like last owns autocorrect too!

  13. Just wondering. Any enlightened Zambian knows that it is Parliament that evolves the laws of the State – and NOT the Courts whose role is to interpret Laws. Where did the current LAZ President and his clique obtain their Law degrees? I guess they graduated from some hybrid University near Muzoka – certainly very remote from Rusangu. Bad luck that their weird legal minds got a thrashing from the Constitutional Court.

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