NGO asks court not to join AG to state matter

CHAPTER One Foundation has asked the Constitutional Court to dismiss the Attorney General Likando Kalaluka’s application for joinder to a matter where it wants the Zambia Correctional Service (ZCS) bill no.35 quashed as it was assented to by President Edgar Lungu after dissolution of Parliament.

The Non- Governmental Organisation (NGO) contends that Mr Kalaluka’s application lacks merit.

In this matter, Chapter One Foundation seeks a declaration that to the extent that the ZCS bill no.35 of 2021was assented to by the President after the dissolution of Parliament on May 13 this year.

And that ZCS Act no.37 of 2021 is not law or legislation enacted by the parliament and therefore null and void.

It also wants an order (of certiorari) that the ZCS Act no. 37 of 202 be removed forthwith into the Constitutional Court for purposes of quashing.

The bill redefines ZCS from being a prison service to a correctional facility.

President Lungu is the respondent in the matter.

However, Mr Kalaluka applied to be joined to the case because the proceedings are civil in nature and he is the right person to be the respondent and not President Lungu.

He also stated that the President is a public officer who enjoys immunity and cannot therefore be a party to these proceedings in accordance with article 98 of the constitution.

But Chapter One Foundation opposes the AG’s application stating that Mr Kalaluka in reality wants to be the sole respondent in place of Mr Lungu.

It stated that article 98 has been misapprehended by the AG and the argument that the President is a public officer is misplaced and without any legal foundation.