President Edgar Lungu
President Edgar Lungu

Zambia’s highest Constitutional Court has misjoined the Republican President and the National Assembly from the petition in which LAZ is challenging the enactment of the Bill to amend the Constitution of Zambia.

Delivering a ruling this morning, Judge E. Mulembe on behalf of the Constitutional Court stated that the application by the Attorney General and submissions by LAZ were anchored on the definition of civil proceedings which is not defined in Article 266 of the Constitution.

The Court observed that Section 19 of the State Proceedings Act, Chapter 71 of the Laws of Zambia defines what civil proceedings are.

The Court thus held that Section 19 of CAP 71 should be read together with section 12 of same Act and Article 177 (5) (c) of the Constitution

“We disagree with the submissions by State Counsel Sangwa that the National Assembly and the president do not constitute the government,” stated part of the ruling.

In addressing itself to the question on whether Constitutional matters can be deemed to be civil proceedings, the Court stated that “We do not think that the framers of the constitution wanted to exclude constitutional matters from being civil matters.”

The Attorney General had argued that the rightful party to all civil proceedings against Government is the Attorney General in line with Article 177 (5) (c) of the Constitution. In his submissions, he made submissions that both the President and the National Assembly have no capacity to be sued or to sue in their own capacities.

The Court has accordingly misjoined the President and National Assembly as first and third Respondents from the proceedings and stated that the proper party to the proceedings should be the AG.

[Read 1,877 times, 1 reads today]
Loading...

25 COMMENTS

  1. LAZ and its lawyer Sangwa are insane. Surely, who sues the President of Zambia?

    And now the want injunction to stop Bill. This will set bad precedents where we all shall be injucting Bills.

    3

    1
    • Zambia badly needs to uphold the Public Order Act to curb Tree Mansions who want to plunge Zambia into chaos. LAZ is also offside.

      3

      4
    • LAZ has lost ground. This is what happens when u see everything political. Hatred for ECL now makes them sue President.

      6

      4
    • Nothing works in Zambia. Impeachment doesn’t work. Suing doesn’t work. Killers don’t get caught. Kidnappers are freely roaming the corridors. Council salaries are unpaid for several months. Retirees can’t be paid. Pupils enter exam rooms with exam leaked answers. The Kariba dam is emptied by politicians. Phew, the list is too long!

      9

      1
    • RULING Patriotic Front (PF) Secretary General David Mwila’s body guard has been arrested by police for aggravated robbery involving a refrigerated truck loaded with Sea Food.
      The body guard identified as George Kalemba has been arrested with two others for hijacking a truck at gunpoint a week ago.
      President Edgar Lungu is annoyed with Lusaka division police commissioner and his officers for attempting to silence the matter.
      The President has since directed the police to pursue the case to its logical conclusion through the court’s of law. One of the co-accused is Gift Kasaro who once aspired as PF Mayoral candidate for Lusaka.
      Two police officers from kabwata police station Chiluba and Mwansa have also been arrested for allegedly receiving bribes amounting to K25,000 each from the…

      0

      0
    • Continue
      bribes amounting to K25,000 each from the accused as inducement to conceal and silence the case.
      The stolen truck belonged to a Congolese trader based in Zambia.
      According to investigative sources, Kalemba and his co-accused waylayed the refrigerated truck in the night and later took it to a Chinese businessman along Great East Road in Lusaka where they sold the sea food and the truck. The Chinese buyer has been identified as Mr Jhunta.
      Upon delivering the truck and it’s content the accused were paid K400,000 cash with the remaining balance of K800,000 to be paid after a week.
      The deal was however busted before the whole payment was finalised.
      The trail led the police to the Chinese businessman’s residence where the sea food and truck were recovered.
      The Chinese…

      0

      0
    • Sangwa chewed big and promised the neo-colonialists he can undermine “Lungu and PF”. He’s been put in his place but will never refund that money. The f00l is the instigator, the globe trotting opposition leader who lies to these foreigners that he can fix PF and give them good concessions when in power. Like the useless chiefs who sold Africa to the colonialists, he is shamelessly auctioning his country.

      1

      1
  2. I couldn’t believe it that it was the Law Association of Zambia that commenced this matter. Where’s legal expertise if they could commence legal proceedings against Parliament and ECL who’s sitting as Zambian president? Strong feelings are not evidence.

    2

    2
  3. This whole petition was unnecessary from beginning. MPs must just clean up Bill and enact it. Poluticst aside

    3

    3
  4. Law profession has too many experiments from like of Sangwa. Did same during HH case and doing it again. Wasting our time, let’s removal bad provisions in bill and pass it.

    3

    3
  5. Tongalisation of LAZ at play. HH doesn’t mean well for Zambia. Let’s pass constitution now with changes. No luxury of time.

    3

    5
  6. It’s time to do away with this immunity thing!
    Immunity only breeds impunity!
    How else are we supposed to hold the “untouchables ” accountable while in office?
    Why should we always wait for damage to continue unchecked for ten years after which we say let’s lift immunity just because someone is now out of power? There are a lot of wrongs for which we need answers. We need to sue the PF government for like the “illegal” payroll deductions like NHI, Bill 10 illegalities which are at variance with our Bill of rights. Let’s do away immunity and there will be public accountability!

    3

    1
  7. Could someone translate the above article into layman’s English? BO Nzelu is confused here. I know I am not the only one.

    0

    0
  8. Zambia is a Joke, the land of the mediocre and *****s. All *****s and have plans for the future. *****s who live for now and have no regards for the future repurcution of today’s actions by the *****s in the government of the day. How can you be talking about holding the executive accountable while providing immunity for them at the same time? Only *****s can live with such a conondrum. It’s a shame

    3

    0
  9. The ConCourt is slowly showing ability to guide the nation properly, didnt after way former Ministers case was handled. Constitution was clear, Ministers were to vacate when another President assumes office. Court made political decision just days before General Election to disadvantage one party.

    On this LAZ petition again, i must say LAZ has become political, we have 1991 Constitution. It has not changed despite amendments. Parliament is only body mandated to pass consider Bills to amend Constitution. Stopping it from doing that will create bad law for future processes in Parliament. Every Jim and Jack will claim Bill violates their right and must be stopped before being considered. How many Bills will see light with one petition after another against Bills

    3

    1
  10. Who really constitutes the Governing Council of LAZ? Apparently, John Sangwa was acting on instructions from his clients, a weedy clique within the LAZ’s tissue. Sangwa has done his job and LAZ is obliged to pay him for legal services rendered. But the Question persists: Who has been the Master-Mind that initiated LAZ to go to the Constitutional Court? Imagine development in South Africa where a hired Public Prosecutor issues directives to embarrass President Ramaphosa – and the Courts have chastised the overzealous Public Prosecutor. Such frivolous failed political games entails that the current LAZ Executive MUST RESIGN to pave way for the restoration of integrity of its members.

    2

    1
  11. Who really constitutes the Governing Council of LAZ? John Sangwa was acting on instructions from his clients, a weedy clique within the LAZ’s tissue. Sangwa has done his job and LAZ is obliged to pay him for legal services rendered. But the Question persists: Who has been the Master-Mind that initiated LAZ to go to the Constitutional Court? Imagine developments in South Africa where a hired PUBLIC PROTECTOR issues directives just to embarrass President Ramaphosa – and the Courts have rightly chastised the overzealous PUBLIC PROTECTOR. Such frivolous failed political games mean that the current LAZ Executive MUST RESIGN to pave way for the restoration of its Members’ integrity.

    4

    1
  12. Sangwa chewed big and promised the neo-colonialists he can undermine “Lungu and PF”. He’s been put in his place but will never refund that money. The f00l is the instigator, the globe trotting opposition leader who lies to these foreigners that he can fix PF and give them good concessions when in power. Like the useless chiefs who sold Africa to the colonialists, he is shamelessly auctioning his country.

    1

    2
  13. the matter is in court….. We need not to insult litigants and their advocates for us to hold the integrity of the judiciary……
    Advocates and Judges are officers of the court…… Every lawyer is expected to abide by court ruling… LAZ and AG will always respect the ruling…. Supporters have to respect the litigant’s position…. there is nothing tribal about LAZ and the Court……
    In any litigation the court makes a ruling and all parties must accept the ruling ….. There are ethics to be observed…..

    0

    0

Comments are closed.