Dismiss Mwanakatwe’s appeal - Scott

By CHINTU MALAMBO LUSAKA Central Member of Parliament losing candidate Dr Charlotte Scott has asked the Constitutional Court to sustain her preliminary objection to dismiss Margaret Mwanakatwe’s appeal against the nullification of her seat on grounds that her record of appeal is incompetent.

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.

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.

But 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.

She further said 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

In her reply to Ms Mwanakatwe’s augments in opposition to her arguments in opposition to the preliminary objection to the appeal, Dr Scott argued through her lawyer Keith Mweemba and Milambo Haimbe that Ms Mwanakatwe suggested that by virtue of the Constitutional Court being a superior Court, it was clothed with the jurisdiction to amend a record of appeal but cited no other authority.

Dr Scott contended that in making such assertions, Ms Mwanakatwe cited the Supreme Court, Court of Appeal and High Court but no other authority.

She further argued that Ms Mwanakatwe’s argument on that point was not acceptable as it was a principal at law that the Constitutional Court drew its jurisdiction from specific provisions of law.

“With due respect, we submit that Ma Mwanakatwe’s arguments on the point are not tenable as it is a trite principle of law that the court draws its jurisdiction from specific provisions of the law and in this case the rules do not confer any such jurisdiction upon this honourable court,” it was submitted.

Dr Scott further asked the court to sustain the preliminary objection and dismiss thereby dismiss the appeal with costs.