Restrain National Assembly, ConCourt told

LAW Association of Zambia president Eddie Mwitwa has asked the Constitutional Court to restrain the National Assembly from considering Constitution Amendment Bill No 10 untill the association’s petition is determined by the court.

In this matter, LAZ petitioned the President, the Attorney General and the National Assembly over the Constitution Amendment Bill No. 10 which passed first reading in Parliament, alleging that it was a contravention of the current Constitution.

Mr Mwitwa said unless restrained by the court and until the constitutionality of the respondent’s action is examined by the court, the respondents would continue with the legislation of the bill and enact it into law, thereby rendering his petition an academic exercise.

He stated in an affidavit in support of ex-parte summons for an application for interim injunction that LAZ asked the National Assembly not to take any undertakings while the matter is pending before the Constitutional Court but in response, the Clerk of the National Assembly said the Speaker was unable to yield to the demands because the National Assembly exercises exclusive cognizance which provides that the National Assembly enjoys exclusive and unfettered jurisdiction on the conduct of its internal proceedings.

Mr Mwitwa also stated that the Clerk of the National Assembly said the National Assembly had elected its discretion to allow the consideration of the Bill by the select committee.

He said to date, the National Assembly has not given a response to LAZ’s demand that not while the proceedings are pending before the Constitutional Court, it will not continue with the legislation process to enact the Bill into a law. Mr Mwitwa also stated the National Assembly wrote to LAZ asking it to submit a detailed memorandum on the ramifications of the Bill by August 23 and attent the select committee to discuss the contents of the memorandum but LAZ wrote back saying it would not submit nor attend the select committee on the appointed dates because the issue of the ramifications of the Bill will be subject of adjudication before the court.

Meanwhile, Constitutional Court Judge Annie Sitali has set September 30 as date of hearing Attorney General Likando Kalaluka’s notice of motion to have the petition dismissed on points of law.

Mr Kalaluka has asked the court to dismiss the case with costs arguing that the initiation of the bill by the President and its tabling for first reading by the Speaker of the National Assembly do not amount to the amendment of the Constitution.

He stated that the petitioner cannot argue that the signing of the Bill by the Attorney General, as required by Article 177, is an amendment of the constitution.

LAZ was ordered to file a response if any, by September 11 this year.