ConCourt throws out ZANASU’s case against Luo

Higher education minister Nkandu Luo at the Youth Day celebrations in Lusaka-picture by Tenson Mkhala

The Constitutional Court has thrown out a matter in which the Zambia National Students Union sued Nkandu Luo over her intentions to abolish students unions saying it has no jurisdiction to hear the matter.

On August 17, 2017 ZANASU secretary general Wickson Mwenya petitioned the Constitutional Court over Prof Luo’s threats to ban student unionism.

But the petition has been dismissed by the ConCourt for “want of jurisdiction”.

In dismissing the petition, judge Palan Mulonda said the petition is a proper matter for the High Court to determine as the issues raised pertained to the Bill of Rights.

He has agreed with the state that matters concerning rights and freedoms under the Bill of rights are a preserve of the High Court.

The State, which was the second respondent, had argued that enforcement of articles under the Bill of Rights was assigned to the High Court.

The Petitioners sought an adjournment to seek legal representation but it was not entertained by the court as it was submitted late.

ZANASU wanted the court to declare Prof Luo’s intentions as illegal, unconstitutional and therefore null and void.

         

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