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Monday, July 6, 2020

Attorney General urges Constitutional Court not to grant the LAZ an injunction to halt Bill Number 10

Headlines Attorney General urges Constitutional Court not to grant the LAZ an injunction...

Attorney General Likando Kalaluka
Attorney General Likando Kalaluka

Attorney General, Likando Kalaluka has urged the Constitutional Court not to grant the Law Association of Zambia -LAZ- an injunction to halt the enactment of the Constitutional Amendment Bill number 10 of 2019.

Mr. Kalaluka says the law does not allow the court to grant injunctions against the State.

He says even without an injunction LAZ will not suffer any damages as a result of the bill being enacted into Law.

Mr. Kalaluka said LAZ had an opportunity to appear before the Parliamentary Select Committee and defend the constitution but opted not to do so.

He noted that LAZ was part of the National Dialogue Forum wondering why it refused to appear before parliament.

Mr. Kalaluka said the single Judge was therefore on firm ground when she threw out an application for injunction by LAZ.

He said LAZ failed to show how it will suffer if the injunction is not granted.

And Solicitor General Abraham Mwansa wondered why LAZ opted to go to court and not Parliament in order to air it’s concerns.

He said curtailing the process which has already started in Parliament will be a Constitutional breach by the Constitutional Court.

Mr. Mwansa said the balance of convenience tilts in favour of the general public who are represented in parliament and not LAZ as a person at law.

But Lawyer Representing LAZ, John Sangwa said the petitioner will suffer irreparable damage if the injunction is not granted.

He said once the bill is passed the case before the court will automatically die.

In this matter Mr. Sangwa made an application for the injunction before a single judge of the court which was dismissed.

He then renewed the same application before the full bench.

In this matter, LAZ wants the court to determine the conditionality of the decision of government to amend the Constitution.

Ruling in this matter comes up on October 17.

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  1. The AG’s arguments are not convincing at all. Justice Sitali misdirected herself at law. Why not hear and determine the LAZ Petition first ? The question is: Who vets the Legality and Constitutionality of a Constitutional Amendment Bill b4 Parliament enacts it into Law? Surely Parliament shouldn’t be allowed to enact illegal and unconstitutional Bills into Law. In other Countries all Ordinary Bills are first vetted by a Parliamentary Legal Committee (PLC) b4 they are enacted into Law. This is to ensure that any Bill complies with the National Constitution b4 it is enacted into Law. As for Constitutional Amendment Bills Concourt vets these Bills to comply with the Current Constitution. Why should Zambia fail to follow the same procedure? Concourt as the Custodian of the Zambian…

  2. LAZ thru its Lawyer appealed to the Full Concourt Bench. This is legal and in order. The Full Bench must tell the Nation when and Why Injunctions are necessary? Why did Justice Sitali reject the Application for an Injunction? Surely she could have told Parliament to wait for the Hearing and Determination of the main Petition against Bill 10. Concourt is the Custodian of the Zambian Constitution and should protect the Constitution from illegal and unconstitutional amendments by the Executive to serve their Political Interests. Like what the UK Supreme Court did Zambia Concourt should protect National Interests and not promote interests of PF. Bill 10 was drafted by a PF Govt to serve Political Interests of PF.Bill 10 is a scheme by PF to Rig the 2021 Election and Retain Power. Thru…

  3. I don’t take cadres like these seriously. Ati attorney general kiki. Meanwhile my parents will be arriving today aboard first class Emirates plane. They are visiting me and my white wife here in Chelsea area London. Unlike tayalis loose wife my wife has spent alot of time and money preparing for their stay. She has planned all meals and will even cook nshima which she learned to do from my mother while we lived in Zambia. This is why I hear decided to buy my wife another property investment in Zambia for her next birthday. I love this white woman.

  4. According to Article 2 of Constitution, every person, including LAZ, has the right and duty to defend the Constitution, and resist or prevent any person from overthrowing, suspending or illegally abrogating it. Further, Article 1(5) of the Constitution provides that any matter relating to overthrow, suspension or illegal abrogation of any provisions of the Constitution SHALL be heard by the Constitutional Court. Now, if LAZ complaint relates to overthrow, suspension or abrogation of the Constitution, then the only body mandated by the Constitution to hear LAZ grievance is the Concourt ONLY not NDF or Parliament. Article 1 makes provision of the Constitution to override all other laws. I think LAZ is on firm ground.

    • Peter Sinkamba: Does the law matter in our post-truth system? I don’t think LAZ doesn’t know that. They’re doing it just for the record that someone tried to do the civilised thing but not even the courts were there for them. If the govt meant well, they could hv sent overtures to LAZ and said, ” there’s no need to go to court, come let’s talk. Show us your gripes and we will examine them and see if u hv a point.This is our constitution together”.

  5. I never knew that the role of the Attorney General is to defend the sitting government.. is the A.G a politician or a Civil servant?

  6. The reason we support LAZ;”Because this law appears to violate a basic equal rights principle, it requires the highest standard of review, or strict scrutiny. The court must first determine whether the purpose is compelling, meaning it is something that is crucial or necessary, rather than something that is desired or preferred.”

    “Mr. Kalaluka says the law does not allow the court to grant injunctions against the State.” Statement like these are misleading. Nobody want to stop the GRZ from doing anything. The problem is this administration.

  7. Let us preach peace in our bloggers, finger pointing is un Zambian culture, we are one this is just an organization called politics which should not make us differ. However as alangizi team we are here to preach peace in this country as Jesus left us with that peace, we thank and praise Him for that and Jesus is love we need to love one another at all cost. always put a smile at your friend or neighbour who is next to you,because he/she is not an enemy but your brother and your sister. We pray for this country Zambia to have good youths, who will always share developmental issues, who will be bread winners in there families , think tankers and creative.

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