The Constitutional Court has dismissed the application by the Law Association of Zambia (LAZ) to dismiss the motion to raise preliminary issues by the State in a matter in which LAZ has petitioned against the enactment of the Constitution of Zambia Amendment Bill No. 10 of 2019.
In a ruling delivered today, the Constitutional Court stated that Order 14(A) of the Rules of the Supreme Court applies when the Constitutional Court is exercising original jurisdiction.
The Court has also heavily frowned upon the Practice of raising a Preliminary Issue upon another preliminary Issue.
The dismissal of the application means the Court shall proceed to hear the State’s motion to raise Preliminary Issues to dismiss the whole petition by LAZ
The Court has also allowed the LAZ to file Arguments in opposition to the State’s motion to raise preliminary issues by Monday.
The State’s motion to raise Preliminary issues will be heard on Friday next week.
LAZ suffered another setback earlier this week when the Court also dismissed the application to restrain Parliament from considering the Constitution Amendment Bill
LAZ are the dull ones. Because only a dull sensless person can expect the constitutional court in Zambia to rule against pf. You are better off putting that energy in working with us to get rid of the failed pf thug party than taking cases to a court that contains pf thugs as judges. Ubufontini
The entire professional body of lawyers’ calibre is being put in serious question.
Much like the numerous preliminary issues that characterised the h² presidential petition, it feels like deja vu.
Why do these guys rush to court based on heartaches and their systems packed with emotions? I expected LAZ to be professional about this soberly, procedurally and systematically.
LAZ are indeed LAZY.. why in Lusaka courts?
Go file in Mongu or Solwezi.
I don’t support Bill 10 but truth be told it will be an insane encroachment into the legislative functions by the courts to declare a Bill i.e. a proposal to amend the law as unlawful and something that can’t proceed. It will be like the Executive encroaching into judicial authority to control how the court is to write a judgment. LAZ knew this but playing with our minds. This whole thing is a circus
LAZ-UPND shame
And yet LAZ will pay Sangwa thousands of Kwacha for this futile from the beginning effort as they did Musa Mwenye. Well orchestrated siphoning of membership coffers.
THE ZAMBIAN COURTS ARE SOILED,CORRUPTION IS ORDER OF THE DAY.SHAME TO PF AND ITS ENTIRE LEADERSHIP FOR BRINGING CORRUPTION AS A WAY OF RUNNING INSTITUTIONS.IRENE MAMBILIMA AND THE ENTIRE JUDICIARY HAVE VINDICATED AND BOUGHT BY THE STOLEN MONEY FROM ROAD CONTRACTS,EURO BOND ETC.
LAZ shall lose this case because they wanted to use shortcut of stopping Bill. They should either have gone to Parliament or gone to court after third reading to challenge it. But money from funders for Mwitwa is what he uses and not his legal brains to make a case
Am 100% certain LAZ knew this case won’t go anyway but had to please the funders and some vocal CSOs but its good to contribute to already existing case law. Like the speedy the court is dealing with matter
In other Parliaments in other Countries New Bills are referred to the Parliamentary Legal Committee (PLC) for vetting. PLC makes sure that a New Bill is compliant with the Constitution of the Country. PLC is composed of MPs who are Prominent Lawyers familiar with Constitutional Law. Was the Amendment Bill No.10 of 2019 ever subjected to scrutiny by PLC or Legal Affairs Committee?Concourt’s record in handling of the 2016 Presidential Petition was appalling, unprofessional and lacked objectivity. It looks like a Leopard will never change its Spots. State Captured Concourt will Never Rule in favour of LAZ on Amendment Bill No.10. The writing is on the Wall.
The courts are not there to help any party win a case. LAZ simply has taken case to court that is not winnable. These cries against court are as such useless
Sangwa and his theory of law just like in h2 case