The Constitutional Court on Thursday joined Kabushi Member of Parliament and Attorney General to a petition which claims the Electoral Commission of Zambia contravened the Constitution of Zambia, among other claims.
The Kabushi lawmaker Bernard Kanengo had applied to be joined to proceedings and argued that the ultimate decision by the Court will affect him.
The Institute for Law, Policy Research and Human Rights, Green Party President Peter Sinkamba and Governance Activist Isaac Mwanza did not object to the Kabushi lawmaker and the Attorney General joining the petition.
The petitioners raised questions on the manner in which the application by the Attorney General had made an application before the Court and whether they were a necessary party to the proceedings.
In the ruling by the Court on joining both them, Acting Constitutional Court Judge President Margaret Munalula said she was inclined to dismiss the application by the Attorney General because the Commission is the rightful party to sue over elections and it can defend itself.
However, Judge Munalula said she would join the Attorney General because he had participated in prior proceedings before different courts involving the elections in Kabushi and Kwacha.
And the Court also struck out from the Affidavit of Bernard Kanengo allegations which stated that was before the Constitutional Court was an election petition and limited his participation to making submissions and to never raise any new issues.
The 3 petitioners are challenging the constitutionally of a Statutory Instrument No 64 of 2022 issued by the Electoral Commission of Zambia on 11 October, 2022 during time when the High Court Order was not vacated or set aside.
The petitioners are also challenging the decision made by the Electoral Commission of Zambia on 11 October, 2022 to authorise and include candidates who had resigned on the ballot as contravening Article 52(6) of the Constitution of Zambia