Zambia’s Attorney General has applied to the Constitutional Court to remove the President and the National Assembly of Zambia as Respondents in a matter in which the Law Association of Zambia has petitioned against the alleged contravention of the Constitution.
In this matter, LAZ contends that a Bill proposing alteration of the Constitution of Zambia would contravene the Constitution and proposed changes must thus not be enacted into law. LAZ has sued the President of the Republic of Zambia as the First Respondent, the Attorney General as Second Respondent and the National Assembly as Third Respondent.
However, the country’s Attorney General has contended the Republican President and the National Assembly have no capacity to sue and be sued in their own capacity, and must thus be removed as respondents.
The Attorney General has relied on the provisions of Articles 98(1) and 177(5)(c) of the Constitution as well as Section 12(1) of the State Proceedings Act to maintain the Attorney General as the only respondent.
In 2016, UPND leader and his former Vice President had similarly sued the President, Vice President, Chief Justice, Deputy Chief Justice and Attorney General but the Constitutional Court guided that only the Attorney General could be the respondent.
The matter comes up for hearing on the date to be set by the Court. A Certificate of Urgency has also been filed to ensure the matter is heard expeditiously.