The Kabwe High Court has granted National Democratic Congress (NDC) leave to apply for judicial review in a matter where the Registrar of Societies canceled the party’s registration.
According to a court order obtained by the NDC Secretary General dated September 26, 2019, the Kabwe High Court has subsequently ordered that leave shall act as a stay of execution of the Registrar’s decision to deregister the opposition party.
“It is hereby ordered that the applicant BE and IS hereby granted leave to apply for judicial review. And it is ordered that the said leave shall act as a stay of the decision by the respondent’s agent to cancel the certificate of registration for the applicant,” read the court order.
The court then set October 11, 2019 as the date for inter parte hearing.
NDC secretary general Bridget Atanga had last month applied for leave to commence judicial review proceedings in the Lusaka High Court challenging the decision of the Registrar of Societies to deregister the party.
In an affidavit in support of ex parte summons for leave to apply for judicial review, Atanga stated that it was illegal for the Chief Registrar of Societies Thandiwe Mhende to deregister NDC as her powers to cancel registration of any political party was limited to the Societies Act.
The opposition party had its registration cancelled on August 26 for having an inoperative Constitution.
Atanga, who cited the Attorney General in the matter, sought the court’s declaration that the decision of the Registrar of Societies to cancel NDC’s certificate of registration was illegal, unreasonable and procedurally improper and asked that the deregistration should be quashed.