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Alba Iulia
Monday, August 10, 2020

Constitutional Court dismisses Petition to have Bill 10 Withdrawn

Feature Politics Constitutional Court dismisses Petition to have Bill 10 Withdrawn

The Constitutional Court has dismissed a petition by Law Association of Zambia -LAZ and Chapter One Foundation Limited to have the Constitution Amendment Bill number ten of 2019 withdrawn from Parliament.

The Court has ruled that the petition by LAZ and Chapter One Foundation lacked merit because they did not show how Justice Minister Given Lubinda breached constitutional procedure when presenting Bill 10 to Parliament.

This is according to a final majority judgement delivered by Constitutional Court Judge Enock Mulembe on behalf of five others.

Judge Mulembe said the Constitutional Court can not intervene in the matter as the arguments by LAZ and Chapter One do not show how the mandatory formalities as prescribed in Article 79 of the constitution, where offended by Bill 10.

He said the petitioners also rushed to seek the Constitutional Court’s intervention as they would have waited for the Bill to pass its third Reading.

In this matter, Chapter One Foundation Limited had petitioned the Constitutional Court for an order that Minister of Justice Given Lubinda withdraws Bill 10.

LAZ was seeking a declaration that government’s decision to amend the Constitution in the manner set in Bill Number 10 of 2019, is illegal because it contravenes several Articles of the constitution including 1, 8, 9, 61, and 79 among others.

29 COMMENTS

  1. Not even five minutes…..thrown out.

    Thank you Judiciary for upholding our Constitution against some trickery movers!

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  2. Suggest Puting bill 10 to a ational referendum and watch the PF rats scamper into their holes in celings like rats on fire

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  3. Dear HH ,
    If you want our party to win please note the following:
    1.Stop this nonsense of legal battles. The court will not make us win but the people will.
    2. Keep Chishimba Kambwili and Lukuku away from our party. Chancers like them will not bring us votes.
    3. Do not be scared of bill 10 . It will actually give us a good platform to win next year.
    4. Focus now more on party mobilisation .
    5. Reorganise Western province. Mai Inonge has destroyed us in that area.

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    • Party Supporter, you have laid of down plainly. The bill will not make upnd win. They need to as you have said. There are a lot of resignations looses in western and north western are you not seeing that?

  4. I believe this was an other petition brought up by LAZ & CSO earlier. The one filed in high Court 2 days ago is still active. That one is against speaker’s retabling a lapsed bill. This battle has many fronts.

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  5. When did LAZ and Chapter One file a joint Petition to Concourt seeking the withdrawal of Bill 10 from Parliament? Who represented LAZ and Chapter One in this case? Who were the Respondents in this Case? Is this a Hoax? This Petition is different from Mr Jack Mwiumbu’s Petition to the High Court dealing with an expired Bill. Here the issue is whether or not a Bill that has lapsed after a 6 Months extension period can be resurrected and be retabled on the Order Paper in Parliament? Thats what we are waiting to hear.

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  6. This same constitution court will come to put up with the petition against EC Lungu on nomination day as long as Bill 10 remains dead and dead it is.

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  7. The judges are compromised and don’t expect anything from there other Edgar Lungu’s wishes.

    PF must go!

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  8. Who expected anything out of this group of clowns handpicked by Lungu? So shameful that judges have been reduced to cadres. Anyway, the YUFI are watching you.
    The concourt is to protect the constitution but mwe busy protecting Lungu. How do you sleep at night?

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  9. Upnd infants I did say to you that he who runs away from parliament lives to fight another day in the same parliament. Now we will wait to hear the so called strong arguments you have against bill 10 in parliament. You are not elected to be mps so that you shy away from parliament and run to courts. As for diasporans continue gnashing your teeth like a pregnant horse on steroids. Kz

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  10. @Spaka
    Bill 10 can not procedurally be subjected to a referendum because it does not hinge on the Bill of Rights.

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  11. The Legislature is there to make laws. Parliament is also responsible for debating and voting against a bill so that it doesn’t become Law. Not the circus of running to court or flocking from parliament to show displeasure thinking that’s an easy way out.

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  12. UPND IS FIGHTING WRONG BATTLES. BILL 10 IS GOOD. IF ANYTHING. FIGHTING BILL 10 IS LIKE FIGHTING AGAINST ZAMBIANS. PLEASE FIGHT NECESSARY BATTLES, NOT THIS ONE.

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  13. Lungu and PF can not win any fair and free election, even a referendum on bill 10 scares them to hell……they know the results.

    There only way out is the compromised con court and their corrupt mp majority in parliment..the corrupt majority have been told by lungu and mwila that jail awaits them if they don’t tow the line …….the few clean ones are terrified of being assaulted by PF thugs like KZ and being sacked by lungu…

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  14. Conistence Lwindi 

    [email protected]
    Bill 10 can not procedurally be subjected to a referendum because it does not hinge on the Bill of Rights….”

    Any major change to the constitution , ideally must be agreed by way of a referendum ……

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  15. Useless laz & their upnd sponsors. One moment you say the concourt judges don’t qualify to be in those positions & that they are corrupt, next you want them to help you achieve your political goals. And you call other political parties dull. You will only get to plot 1 when you learn to play smart. Courts are a bridge, don’t burn them.

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  16. The timing of this Concourt judgment is to undermine Mr Jackie Mwiimbu’s Petition to the High Court on the dead Bill 10. The High Court will Rule that even though Bill 10 lapsed on June 4, 2020 it can be resurrected and be retabled on the Order Paper as Ruled by Concourt. PF are schemers and will rely on the Captured Judges for Political survival. The PF Govt has schemed how to rig the 2/3 majority vote and ensure that Bill 10 will be enacted into law at all costs. This will ensure that ECL stands for a Third Term and rig the 2021 Elections to retain Power come what may. Bill 10 law is the lifeboat for PF in 2021. They know that they can’t win 2021 Elections thru a popular free,fair and credible vote so they are determined and have schemed to steal the vote with the help of Bill 10…

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  17. Iwe Kambwanga Kaizar Zulu, UPND petition is still intact. This is a different petition. So don’t celebrate too soon, iwe hooligan. The Zambian people have rejected this criminal BILL. But you keep pushing it because that’s the only card you PF thugs have left to avoid jail sentences.

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  18. Iam not surprised that LAZ leadership is highly compromised and into group think mentality typical of the UPND….

  19. Fyala lila owe, ifyo, ichikonko chifikate ifyo!!!! Kwekwekwekwekwekwe……thinking they are the most intelligent people in the land?? How do you try to stop legislature business in the judiciary??? Put your points on paper and argue them out in parliament, that’s the job of mps and political parties!!! Laz is finished, it should be disbanded and repositioned.

  20. This is good news to PF and Speaker of Parliament. Dr Matibini should now resurrect the Dead Bill 10 by unilaterally re-tabling the lapsed Bill on the Order Paper for further debate and vote. Since the Speaker is above the law and can interpret the law and the Constitution better than the Courts what is he waiting for? The Speaker has all the powers to give life to a dead Bill and force MPs to vote for it. Lets get it on !

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