Judge Newa stays execution of her judgement in DP deregistration matter
By Staff Reporter
LUSAKA High Court judge Sharon Newa has stayed execution of her judgment in which she ordered the Registrar of Societies to issue opposition Democratic Party with a duplicate certificate pending determination of the State’s appeal.
Last year, judge Newa in a judgment on a judicial review which DP secretary general Precious Ntambu commenced where she challenged the decision of the Registrar to deregister the DP, found that the Registrar’s decision was irrational, unreasonable and procedurally improper.
After finding as such, she ordered her to issue the party with a duplicate certificate of registration and quashed her actions of deregistering the party.
But the Attorney General appealed to the Court of Appeal against judge Newa’s judgment.
The Attorney General then applied for stay of execution of the judgement, pending determination of the appeal.
The Attorney General argued that if the stay of execution was not granted, members of parliament maybe elected on that party’s ticket and that in the event that the appeal succeeds, the status of such members would be in jeopardy.
In her ruling, judge Newa agreed with the arguments by the Attorney General.
The judge said if the order in which she directed the issuance of a duplicate certificate to DP was not stayed, it would entail that the DP will be free to contest any elections that fall due.
She said it was a sufficient ground to stay the order of mandamus directing the Registrar of Societies to issue a duplicate certificate of registration and “I stay execution of the judgement”.
Judge Newa however, refused to stay her order which quashed the registrar’s decision to deregister the party.