Mwanakatwe remains Lusaka Central MP pending determination of appeal

The Constitutional Court has ruled that Finance Minister Margaret Mwanakatwe will remain in office pending determination of her appeal against the nullification of her seat by the High Court.

In this case, loosing UPND candidate Charlotte Scott had asked the ConCourt to lift the stay of execution allowing Mwanakatwe to remain in office.

Meanwhile, the ConCourt has since given Mwanakatwe 14 days to withdraw the record of appeal and file an amended one to rectify identified irregularities.

When the matter came up today, Judge Annie Sitali maintained the ruling of the single judge, Justice Enock Mulembe which was made on November 27, 2016 that Mwanakatwe would remain in office.

“It is particulary important for this court to enforce compliance to the rules of this court. In agreeing with the position taken by the single judge, we too decline to be drawn in determining a matter involving the interpretation of the Constitution of an application which was previously before a single judge of this court for a stay of the judgement of the High Court dated 24th November, 2016. We further decline to be drawn into the affairs application for a stay of execution of the judgement of the high dated 24th November, 2016 which was already determined by a single judge because this application is not appeal arising from determining of court. Since there was no appeal on the decision of a single judge on the appellants application for a stay of execution of the High court judgement dated 24th November, 2016, the ruling of the single judge as of 27th November, 2016 stands,” she said.

In the second ruling, Judge Sitali refused to dismiss Mwanakatwe’s appeal on the basis of irregularities, instead ordering the finance minister to file a new application.

“We order the appellant to withdraw the record of appeal and rectify the identified irregularities. The appellant shall file the correct record of appeal within 14 days from the date of this ruling. In default, the appeal shall stand dismissed,” said judge Sitali.

         

Zondiwe Mbewe

About Zondiwe Mbewe

Zondiwe is a vibrant young Zambian journalist who has interest in writing political and current affairs on issues which affect every Zambians. She draws inspiration from journalists who stand for what is right and are not afraid to tell and show the truth to the people.
Email: zondiwe [at] diggers [dot] news

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