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.