Lusaka High Court judge Mwila Chitabo has dismissed an application by Chirundu UPND member of parliament Douglas Syakalima in which he was seeking an order to suspend the operation of the National Dialogue Act pending determination of his petition.
This was after Syakalima withdrew his application in which he was seeking for an interim relief order suspending the operations of the National Dialogue.
In this matter, Syakalima petitioned the Lusaka High Court to declare certain parts of the National Dialogue Bill that infringe on his rights to association, unconstitutional.
Syakalima wants a declaration and order that some provisions of the National Dialogue Act were in conflict with the provisions of the Constitution and were therefore, null and void.
As an interim relief, Syakalima asked the court to grant him an order suspending the operation of the National Dialogue Act No. 1 of 2019 pending determination of his petition.
However, the MP, through his lawyer, Zevyanji Sinkala abandoned the application for a relief of interim order to suspend the National Dialogue Forum when the matter came up for hearing in Chambers, Tuesday.
And in his ruling on a relief of an interim order suspending the operations, Judge Chitabo stated that he read Syakalima’s petition anchored under Article 28(1) of the Constitution for a declaration that the provisions of section 8(b), 5, 6(2), 12, 17(1)(a) (b) of the National Dialogue (Constitution, Electoral process, public order and political parties) Act no.1 of the rights and freedoms of the petitioner in terms of articles 11, 14, 18, 19, 201, 21 and 23 of the Constitution of the Republic of Zambia and (b) a declaration and order that the said sections be declared null and void.
He stated that at the hearing of the interim application of the suspension of the stay, Syakalima’s lawyer properly withdrew the application anchored on judicial precedence.
Judge Chitabo therefore dismissed the application.
“The application for the applicant is properly abandoned and it is dismissed” he ruled.
Judge Chitabo also set May 6, 2019, as the date for ruling in the main matter.