LAZ closes case in Bill 10 matter

THE Law Association of Zambia (LAZ) has closed its case in a matter where its challenging government's decision to AMEND the Constitution through (Amendment) Bill No 10 of 2019, after calling only one witness.

The association initially wanted to call more witnesses who could only appear before court by a subpoena, but in line with the Court's refusal to allow any more applications, the association had no choice but to close its case.

Meanwhile, Chapter One Foundation, the second petitioner in the matter, through its lawyer Linda Kasonde asked the court to allow it's witnesses who are currently abroad, to testify via a video link.

In this matter, LAZ and Chapter One Foundation Limited are challenging government’s decision to alter the Constitution of Zambia through Constitution (Amendment) Bill No.10 of 2019.

They cited Attorney General Likando Kalaluka as the respondent in the matter.

When the matter came up for continued hearing before seven judges of the Constitutional Court headed by court president Hildah Chibomba, Thursday, LAZ informed the court that it's intended witnesses could only come to court and appear by way of a subpoena.

It said the witnesses were are not willing and therefore required to be subpoenaed.

LAZ said it intended to file the summons for leave to issue the writ of subpoenas with the guidance of the court.

"We have the summons with us but its dependent on the guidance of the court. As matters stand, we cannot call any more witnesses," it said.

But the court said it's understanding in the last sitting was that LAZ would be calling non subpoenaed witnesses as it had already ordered that such an application was to be made on or before November 5.

It therefore declined to entertain the application.

"We shall therefore not entertain such an application or give any guidance because we have already guided before," the court said.

At this point, LAZ informed the court it could not call any non-subpoenaed witnesses and added that it was therefore closing its case in the circumstances.

And Chapter One Foundation, through its lawyer Linda Kasonde, applied to call two witnesses who live abroad via a video link and referred the court to Order eight rule (1) (1) of the Constitutional Court rules.

She said from the said provision, what was key was that the witness gives testimony in open court, and that there was no restriction as to how that could be done.

"We are living in a digital age whereby all barriers to communication have been lifted.