by Mirriam Chabala on 19 Jun 2019by Zondiwe Mbewe on 19 Jun 2019by Mirriam Chabala on 19 Jun 2019by Zondiwe Mbewe on 19 Jun 2019
- Goal Diggers
by Abraham Kalito on 19 Jun 2019by Abraham Kalito on 17 Jun 2019by Abraham Kalito on 17 Jun 2019by Abraham Kalito on 10 Jun 2019
by Sipilisiwe Ncube on 19 Jun 2019by Derrick Silimina on 18 Jun 2019by Stuart Lisulo on 17 Jun 2019by Stuart Lisulo on 17 Jun 2019
by Joseph Mwenda on 19 Jun 2019by Zondiwe Mbewe on 18 Jun 2019by Zondiwe Mbewe on 18 Jun 2019by Zondiwe Mbewe on 18 Jun 2019
- Editor's Choice
by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
by Diggers Editor on 19 Jun 2019by Diggers Editor on 18 Jun 2019by Diggers Editor on 15 Jun 2019by Diggers Editor on 13 Jun 2019
by Zondiwe Mbewe on 7 Jun 2019by Mukosha Funga on 30 May 2019by Sipilisiwe Ncube on 23 May 2019by Sampa Kabwela on 18 May 2019
- Guest Diggers
by Chibamba Kanyama on 11 Jun 2019by Chibamba Kanyama on 28 May 2019by Guest Digger on 22 May 2019by Chibamba Kanyama on 21 May 2019
There is no need for judge Chibomba to recuse herself – GreensBy Mirriam Chabala on 6 Feb 2018
Green Party president Peter Sinkamba says the ongoing acrimony over President Lungu’s eligibility to contest elections in 2021 is unwarrantably dividing the nation.
And Sinkamba says the Constitutional Court does not need assistance to interpret any provision of the Constitution because it can do so own its own motion, as the Constitution allows it to.
Speaking to journalists in Kitwe yesterday on the decision by the Constitutional Court to adjourn sine die following a complaint submitted to the Judicial Complaints Commission (JCC) by petitioners in President Lungu’s eligibility case, Sinkamba complained that the on-going acrimony over President Lungu’s eligibility to contest 2021 elections was unnecessary.
“You see, there is no constitutional provision which bars the Constitutional Court to interpret any provision of the Constitution own its own motion. The only restriction in the Constitution is that this court cannot deal with matters that are related to the Bill of Rights. Such matters are in the meantime a preserve of the High Court and the Supreme Court. Also, when you look at the Constitutional Court Act and Constitutional Court Rules, neither of the two bars the ConCourt to interpret the Constitution own its own motion. So this whole acrimony on the eligibility of President Lungu is really unwarrantably dividing the nation for far too long,” Sinkamba said.
And Sinkamba said the complaint submitted by the petitioners in the eligibility case against the ConCourt President were unnecessary.
“In this regard, submissions from petitioners on the interpretation of the Constitution are merely complimentary. They are not an imperative. They are not a must at all. Whether or not petitioners make submissions on what they think is the interpretation of a particular provision of the constitution is neither here nor there. The interpretation of the Constitution is fundamentally a preserve of the Court itself. So what is the fuss about this whole hullabaloo? We need quick closure to things that have potential to cause unnecessary acrimony in the Nation. There are so many other important things to do in this country. The earlier the ConCourt came to this realisation the better for the nation” he said.
Meanwhile, Sinkamba charged that the alleged bias of ConCourt President Hildah Chibomba on the matter was not a factor because judgment on the eligibility case did not depend on her alone.
“You see, the perceived bias of the Judge President is not a factor at all going by the current constitution of the ConCourt. The Court currently has seven judges and Article 129 (3) of the Constitution provides that the full bench of the Constitutional Court should be constituted by an uneven number of not less than five judges. So, in this case, all the seven judges can agree to sit and constitute a full bench of seven judges. In that case, whether or not the Judge President is biased towards a particular opinion is immaterial because ConCourt decisions are about numbers. The majority will always take the day,” said Sinkamba.
About Mirriam Chabala
Mirriam Chabala is a Zambian journalist who covers current affairs and writes in-depth feature articles on social issues.
Email: mirriam [at] diggers [dot] news
- HH must speak to his MPs, they may sell us out – Kambwili - 19 Jun 2019
- EIU accurate, PF still Zambia’s party of choice – Sunday - 19 Jun 2019
- Chrizzima University registered but not offering courses, explains Coalition - 19 Jun 2019
- Govt assures development partners about economic situation, food security - 19 Jun 2019
- Kalimamukwento wins 2019 Kalemba prize - 19 Jun 2019
Subscribe for email alerts
ArchivesJul0 PostsAug0 PostsSep0 PostsOct0 PostsNov0 PostsDec0 Posts
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend