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.