One of the Petitioners in President Edgar Lungu’s eligibility case wants the case to be heard by a full bench of seven judges.
Robert Mwanza filed a notice of motion, Friday, asking the court to add the newly appointed Constitutional Court judges to the bench.
Mwanza argued that owing to the novelty of the matter all the ConCourt judges ought to have a say on this matter.
“As disposed to in the supporting affidavit to this application, the question before this honourable court concerns the determination of a novel issue in our constitutional jurisprudence and the determination of a substantial and massively significant constitutional matter. The outcome will not only have legal but also social and political consequences. It is in this regard that the applicants have sought the inclusion of all available judicial resources in this honourable court so as to give the decision the widest possible opportunity for judicial interrogation, mindful of the requirements placed upon this honourable court when interpreting the constitution. The significance of the issues arising in these proceedings compels the ventilation of the opinion of the widest possible uneven number of judicial resources available. The questions arising for determination are that significant,” read Mwanza’s notice of motion.
“If there are no god and justifiable reasons why this application should not be granted (of which there are none), it is the Applicants’ prayer that the application be granted. Obliged…That I am aware that there are presently seven judges of the Constitutional Court, and that; given what I have just stated supra, it is my wish and desire that all seven judges form part of the bench determining this matter.”
Recently, President Lungu swore in Justice Martin Musaluke as ConCourt judge.
In 2016, President Lungu appointed six but only sworn-in five ConCourt judges.
Those currently serving as ConCourt judges are Hildah Chibomba as president, Mugeni Mulenga, Anne Sitali, Margaret Munalula, Enoch Mulembe and Palan Mulonda.