Thursday, March 28, 2024

Constitutional Court rules councillors who tender in notice of resignation cannot retract their notice of resignation

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The Constitutional Court has this morning ruled that councillors who tender in notice of resignation cannot retract their notice of resignation.

This is in a matter in which Governance Activist, Isaac Mwanza, had sued the Electoral Commission of Zambia and the Attorney General over the failure to conduct by-elections inwards were councillors had resigned but later retracted their resignation.

Mr Mwanza had argued that the ECZ had engaged in double standards in the implementation of the Constitutional provision by conducting a by election in Sinda District when a UPND councillor had resigned but retracted the resignation while refusing to conduct a by election in other areas.

Delivering the Judgement on behalf the Court, Judge Palan Mulonda said the rescission of a councillor’s decision to resign is a substantive issue.

The Court said the absence of express provision being made in the Constitution to that effect entails that a councillor has no option to rescind the decision to resigns with the notice period.

The Court has however determined that the resignation of a councillor takes effect at the end of the notice period of 30 days.

“In concluding, as Article 157(2)(b) of the Constitution does not provide for rescission of a councillor’s notice of resignation before the lapse of the notice period of 30 days, the second and third question put to us become otiose,” said the Court.

And Mr. Mwanza has welcomed the decision by the Court as sound.

“We shall now engage the Attorney General to ensure that those councillors who had resigned but purported to have withdrawn their resignations vacate their seats forthwith and repay any monies they could have collected from Councils and Government,” he said.

12 COMMENTS

  1. This same Constitional Court, Bizwayo Nkunika has been waiting for justice for over 4years now. And even if it’s rendered, of what purpose will it serve because Parliament is dissolving in 3 months time.

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  2. This a welcome Concourt Ruling. Why doesn’t Concourt Rule on whether or not ECL is eligible for a Third Term having been “elected and sworn in twice ” in 2015 and 2016? That would reduce the Tension related to ECL being disqualified to stand as a Presidential Candidate on the August 12, 2021. Surely if Concourt Rules that ECL is eligible that would lower the temperature. We PF supporters are anxious to have our Presidential Candidate disqualified after Nominations are closed. This whole debate about ECL being illegible for a Third Term would cease. What is the AG’s Legal Opinion on this Eligibility issue? Either Concourt or the AG should publicly advise ECL and the Nation on this issue. It is of utmost importance for Zambia to hold a free,fair,credible and peaceful Elections on…

  3. The time of notice after a resignation was never meant to be a ‘cooling off’ period. It was meant to be used for smooth handover to a new appointee. You resign, you go, unless your resignation is rejected.

  4. Does notice here mean holding a press conference and announcing, “I’ve resigned” or is it just tendering letter of resignation?

  5. UPND councillors should find a funder to help the pay back the money. Watch the step. Govt will enforce this judgment same way they enforced the former Ministers judgment

  6. The decision is correct. You can’t rescind a to resign because it’ll be equivalent to self reinstatement. A resignation of such nature triggers elections so think before you do anything. This is the illegality of the Night Without a President. When KK resigned those bakandile were not supposed to go and beg him to rescind his decision. So KK ruled the country illegally for that period because there was no provision for self reinstatement. Zambia was supposed to go to elections

  7. Politicking aside! Let this serve generally that youthful Zambians have become boldly better enlightened to raise pertinent and critical questions on issues of governance conduct! With this outcome, even the courts have to be wary of the public court when weighing in on cases of public interest! The Concourt understands the level of confidence that the citizenry attaches to it.

  8. Excellent!! Responsible adults must think before they act!! Some people are too emotional and think with their hearts instead of their heads. This change will provoke some thought to those who are overzealous.

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