Amend article 118, says Lawyer Sangwa

LAWYER John Sangwa yesterday submitted before the Constitutional Court that article 118 in the amended Constitution of Zambian be reviewed to allow for judicial review proceedings.

Mr Sangwa made the submissions before the Constitutional Court sittings in the Ndola High Court.

Mr Sangwa, a Constitutional lawyer, said the introduction of article 118 in the Constitution had a bearing on judicial review process.

“Now that the Constitution has been amended and in the light of article 118, we are submitting that moving the clause by way of judicial review should be done in the same manner than any matter before the court, there should be no requirement,” Mr Sangwa said.

He said the essence of an application to the judicial review process is to hold public institutions and offices accountable to the law.

Mr Sangwa said the reason is that the requirement of leave goes against the objective contained in the provision of article 118. He said there was need to review article 118 and that it should be given a very liberal interpretation.

Under the amended Constitution of Zambia on the judicial authority, system of courts and independence, article 118 states that the judicial authority of the Republic derives from the people of Zambia and shall be exercised in a just manner and such exercise shall promote accountability.

Constitutional Court president Justice Hildah Chibomba sitting with Justices Mungeni Mulenga, Anne Sitali, Margaret Munalula, Enoch Mulembe and Palan Mulonda reserved ruling on a date to be advised.