- Goal Diggers
- Guest Diggers
Mwitwa seeks injunction to restrain National Assembly from considering Bill 10By Zondiwe Mbewe on 29 Aug 2019
Law Association of Zambia president Eddie Mwitwa has asked the Constitutional Court to restrain the National Assembly from continuing with the legislative process to enact the Constitutional (Amendment) Bill No.10 into law, pending determination of the petition.
Mwitwa says unless temporarily restrained by the court, the Constitutional (Amendment) Bill No. 10 will be enacted it into law, thereby defeating the entire process of their petition and rendering the proceedings an academic exercise.
This is the matter in which LAZ has dragged President Edgar Lungu, the Attorney General and the National Assembly to the Constitutional Court for attempting to alter the Constitution of Zambia through Bill 10, 2019.
LAZ has petitioned the court, seeking a declaration that the respondents’ decision to the extent to which it seeks to amend the Constitution in the manner set in the Constitution (Amendment) Bill No. 10 of 2019, is illegal because it contravenes Articles 1(2), 8, 9, 61, 79, 90,91, 92 and 79 of the Constitution.
It’s further seeking an Order (of Certiorari) that the Petition be allowed and that Bill 10, which evidences the Respondents’ decision to amend the Constitution in the manner provided therein, be removed forthwith into the Constitutional Court for purposes of quashing.
But the Attorney General had asked the Constitutional Court to dismiss the petition saying the Court’s jurisdiction does not extend to hearing a petition on an allegation that a Bill, which is proposed law, contravenes the Constitution.
In an affidavit in support of Ex-parte summons for an interim injuction filed yesterday, Mwitwa stated that unless restrained by the court, the respondents would continue with the legislation of the Bill.
“I have no doubt in my mind that unless temporarily restrained by the court, until the constitutionality the respondents’ decision, the subject of this petition, has been examined and a decision made by this court, the respondents will continue with the legislative process and enact the said Bill into law thereby defeating the whole purpose of these proceedings and as such rendering them academic,” he stated.
Mwitwa stated that when LAZ asked the Speaker of the National Assembly Dr Patrick Matibini not to proceed with the consideration of Bill 10 while the matter was pending before Court, the Speaker responded through the Clerk of the National Assembly, saying he was unable to make the said undertaking as the National Assembly enjoyed exclusive and unfettered jurisdiction on the conduct of its internal proceeding.
He stated that it was further submitted that the Speaker had elected to exercise his discretion to allow the consideration of Bill 10 by the Select Committee and eventually by the National Assembly.
The LAZ president further stated that the National Assembly wrote to the association, asking it to submit a detailed memorandum on the ramifications of Bill 10 to the Select Committee of the National Assembly by August 23 and attend the said committee on September 17, to discuss the content of the memorandum.
He explained that he responded to the said letter, stating that LAZ would not submit the said memorandum nor attend the Select Committee on the appointed dates because the issues of the ramifications of Bill 10, was the subject of adjudication before the Constitutional Court.
Meanwhile, Constitutional Court Judge Annie Sitali has set September 17, this year, as date for a compliance conference and September 30, for hearing of Attorney General Likando Kalaluka’s notice of motion to raise preliminary points of law to dismiss the petition.
Justice Sitali has further directed LAZ to file skeleton arguments in opposition to the preliminary issues raised by the Attorney General on or before September 11.
About Zondiwe Mbewe
Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.
Email: zondiwe [at] diggers [dot] news
- Cabinet debates total lockdown - 28 Mar 2020
- Zambia’s economy will take years to recover from Coronavirus – Siliya - 28 Mar 2020
- Security guard testifies in MTN employees’ attempted arson case - 26 Mar 2020
- Judiciary cancels Court of Appeal sessions over COVID-19 - 26 Mar 2020
- Sodomy accused Lusaka man gets nolle, turned into state witness - 25 Mar 2020
- Cabinet debates total lockdown (29,838 views)
- Sangwa asks Lungu to declare State of Emergency (9,472 views)
- Let’s sympathise with Lungu and help him, or we will all perish! (9,093 views)
- Zambia’s economy will take years to recover from Coronavirus - Siliya (8,385 views)
- Zambian student chased from Chinese University over suspected COVID-19 (6,684 views)
Subscribe for news email alerts
ArchivesApr0 PostsMay0 PostsJun0 PostsJul0 PostsAug0 PostsSep0 PostsOct0 PostsNov0 PostsDec0 Posts
- «March 2020»
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- 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
- COVID-19 cases rise to 29
- We’ve started mobilizing funds to fight COVID-19 – Ng’andu
- Justice Without Remedy? A Comment on the Constitutional Court Judgment in the Case of Kambwili v Attorney General
- Philosophy & Homosexuality
- Let’s sympathise with Lungu and help him, or we will all perish!
- Cabinet debates total lockdown
- What will be Mr Lungu’s achievements by 2021?
- Chitalu announces 6 more Covid-19 cases
- Zambia’s economy will take years to recover from Coronavirus – Siliya
- LCC not ready for COVID-19, says Mayor
- COVID-19 cases rise to 22
- Topstar removes Prime TV from its platforms
The News Diggers
Deputy News Editor
Send this to a friend