Concourt to hear Lundazi MP’s petition

THE Constitutional Court had ruled that it will proceed to hear a petition where losing PF Lundazi parliamentary candidate in the 2016 elections has asked it to declare the Lundazi parliamentary seat vacant on allegation that the current MP has no full Grade 12 certificate.

A panel of five Constitutional Court judges held in its ruling on Friday that the petition would proceed to be heard because it was rightly before court as it alleges contravention of Article 70 (1 ) (d) and 72 (2) ( b) of the Constitution of Zambia.

This is in petition where Colonel Biziyawo Nkunika has petitioned the Constitutional Court to declare Lawrence Nyirenda's

aparliamentary seat vacant and order the Electoral Commission of Zambia ( ECZ) to hold fresh elections within 90 days.

In his petition, Col Nkunika alleges that Mr Nyirenda does not meet the minimum academic qualifications as prescribed under Article 70 (1) (d) of the Constitution of Zambia because he allegedly does not hold a minimum of grade 12 certificate.

However, Mr Nyirenda through his lawyer Tutwa Ngulube, raised a preliminary issue and urged the court not to entertain Col Nkunika’s allegation on grounds that the time frame had elapsed in which he should have petitioned the elections.

But Col Nkunika urged the court to proceed with the hearing of the petition saying it was rightly before court.

But in its ruling delivered by Judge Martin Musaluke on behalf of Constitutional Court president Hildah Chibomba, Judges Annie Sitali, Mungeni Mulenga and Palan Mulonda said any allegations of the contravention of the Constitution brought before court must be fully interrogated.

" Accordingly we find that the petition herein is rightly before court as it alleges contravention of Articles 70 ( 1 ) ( d ) and 72 (2) (b) of constitution. The preliminary issue raised by the first respondent is therefore dismissed. This matter will proceed to trial on March 9, 2020," Judge Musaluke said.

Mr Musaluke, however, granted Mr Nyirenda and ECZ leave to appeal before March 9, 2020.