LAZ insists Sitali ruling be set aside

THERE is no law which prevents the Constitutional Court from revisiting its own decisions and even set it aside if need be and have a fresh hearing on the issues, Law Association of Zambia, Lawyer, John Sangwa told the Constitutional Court yesterday.

Constitutional Court judge Annie Sitali on September 26, dismissed an application where LAZ wanted to block the State from raising preliminary issues in the case regarding the Constitution ( Amendment) Bill No. 10 0f 2019.

Mr Sangwa argued that LAZ has made the case for the Constitutional Court to revisit and re-hear its ruling of September 26, 2019.

He said that there was no alternative effective remedy, which could lead to the determination of the issues raised in its motion of notice to appeal since the decision of the Constitutional Court was final.

This is in a petition in which LAZ has sued President Edgar Lungu, the National Assembly and the Attorney general challenging the decision of

the State to Constitutional (Amendment) Bill No. 10 of 2019.

In a notice of motion to set aside the ruling of the court and re-hear LAZ ‘s motion Mr Sangwa said he would today move the constitutional court comprising of seven judges for an order that the ruling of Judge Annie Sitali be set aside.

Mr Sangwa stated that LAZ’s motion was not fair adjudicated upon and a great injustice has been occasioned to LAZ and apart from asking the court to set aside its ruling, and hear the petitioner’s motion there was no other way of securing redress since the decisions of the Constitutional Court were final He stated that there was no basis that once the Constitutional Court had heard an application and delivered its judgment that was the end of the matter .

Meanwhile, in another matter, Chapter One Foundation has told the Constitutional Court that submissions by the State that the development of Bills cannot be challenged, is an attempt to escape accountability and an invitation to the court to accept a concept that certain State actions are not governed by law.

In this matter, Chapter One Foundation Limited, a Non-Governmental Organisation which is being represented by former LAZ president Linda Kasonde, has petitioned the Constitutional Court for an order that Minister of Justice Given Lubinda withdraws Bill 10 from the National Assembly, saying the process of its enactment and the proposals do not comply with national values, principals and provisions of the Constitution.

It wants, among other claims, for the court to make a declaratory order that government cannot fundamentally alter the nature of the Constitution, contrary to the will expressed by the people without duly consulting them.