Concourt judge sets September 17 for hearing motion to dismiss petition 

By Staff Reporter
THE Constitutional Court has set September 17 for hearing the notice of motion to raise preliminary points of law by the Attorney General to dismiss the matter in which the Law Association of Zambia is challenging the Constitution Amendment Bill no 10.
When the case came up for inter partes hearing before Constitutional Court judge Anne Sitali of an application by LAZ to have the National Assembly restrained from  considering Constitution Amendment Bill No 10 of 2019, parties could not make submissions because the Attorney General’s chambers was yet to file a response.
This is in a matter in which LAZ has petitioned the President, the Attorney General and the National Assembly over the decision by the respondents to amend the Constitution Amendment Bill No. 10 which passed first reading in Parliament.
LAZ has  alleged that the decision was a contravention of the current Constitution, and therefore, illegal.
LAZ through its president, Eddie Mwitwa asked the Court to grant it an  injunction to  restrain the National Assembly from considering Constitution Amendment Bill No 10  of 2019 until the association’s petition was determined by the court.
Mwitwa wants the President and the National Assembly to be restrained from subjecting the Constitution of Zambia (amendment) Bill No 10 for consideration by the select committee of the third respondent pursuant to article 80 and 89 of the constitution.
“The respondents be restrained from subjecting the Constitution amendment Bill 10 to the second and third reading pursuant to Article 79(2) of the constitution,” read the summons.”
LAZ is further  asking the court to order  that the President be restrained and an injunction be granted blocking him from exercising  the powers vested in him by Article 66 of the Constitution to assent to the Constitution of Zambia amendment Bill No 10 of 2019, until after trial of this action or until further order and that the costs of the application be in the cause.
In its arguments, LAZ stated that unless restrained by the court and until the constitutionality of the respondent’s action is examined by the court, the respondents will continue with the legislation of the bill and enact it into law, thereby rendering the petition an academic exercise.
When the matter came up yesterday,  it could not proceed to the inter parte hearing of the injunction because the State has not yet filed the response.
Judge Sitali has since issued orders for directions that the State files the record of motion by September 13 while a compliance conference would be held on September 16 2019 before she hears the motion to dismiss the petition on September 17.

 

 

 

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