My ap­peal is valid - Mwanakatwe

Daily Nation Newspaper - - HOME NEWS - By CHINTU MALAMBO

LUSAKA Cen­tral Mem­ber of Par­lia­ment Mar­garet Mwanakatwe has asked the Con­sti­tu­tional Court to grant her leave to sub­mit cor­rect records of ap­peal against the nul­li­fi­ca­tion of her seat as op­posed to los­ing can­di­date Dr Char­lotte Scott’s de­mands that the ap­peal should be thrown out.

Ear­lier, Dr Scott had raised pre­lim­i­nary ob­jec­tions to dis­miss Ms Mwanakatwe’s ap­peal cit­ing ir­reg­u­lar­i­ties in the records of ap­peal and that the ap­peal was against the rules of the Con­sti­tu­tional Court.

This is in a mat­ter in which Pa­tri­otic Front (PF) win­ning can­di­date Mar­garet Mwanakatwe ap­pealed to the Con­sti­tu­tional Court against High Court Judge Mwi­inde Si­avwapa’s judg­ment that nul­li­fied her seat.

Ac­cord­ing to her ar­gu­ments in op­po­si­tion to Dr Scott’s pre­lim­i­nary ob­jec­tion to dis­miss the ap­peal, Ms Mwanakatwe through her lawyer, Eric Sil­wamba, sub­mit­ted that this was a proper sit­u­a­tion in which the court would al­low just hear­ing and de­ter­mi­na­tion of the case it was to re­gard pro­ce­dural tech­ni­cal­i­ties.

“The ap­pel­lant may at any time by leave of the court amend or add to the grounds of his ap­peal. The court may from time to time make any or­der nec­es­sary for de­ter­min­ing the real ques­tion in con­tro­versy in the ap­peal, and may amend any de­fect or er­ror in the record of ap­peal,” she sub­mit­ted.

Ms Mwanakatwe main­tained that her record of ap­peal was not de­fec­tive as the Con­sti­tu­tional Court Statu­tory in­stru­ment pro­vided that if the re­spon­dent (Dr Scott) was of the opin­ion that the record filed by the ap­pel­lant (Ms Mwanakatwe) was de­fec­tive, the re­spon­dent may with­out prej­u­dice to the re­spon­dent’s right file 20 hard copies and an elec­tronic copy of a sup­ple­men­tary record of ap­peal con­tain­ing copies of any fur­ther doc­u­ments which in the re­spon­dent’s opin­ion were re­quired for the proper de­ter­mi­na­tion of the ap­peal.

Fur­ther that un­like the Supreme Court rules, the Court of Ap­peal and the High Court, the Con­sti­tu­tional Court rules did not have ex­press pro­vi­sions of amend­ment and de­fault, how­ever, in prac­tice the Con­sti­tu­tional Court had in­voked its in­her­ent ju­ris­dic­tion to or­der the amend­ment of records of ap­peal

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