ConCourt dis­misses Nkombo ap­pli­ca­tion

Daily Nation Newspaper - - HOME NEWS - By NA­TION RE­PORTER

THE Con­sti­tu­tional Court has dis­missed an ap­pli­ca­tion by Maz­abuka UPND Mem­ber of Par­lia­ment Garry Nkombo and 51 other MPs seek­ing to join four min­is­ters to a court ac­tion in which a con­cerned cit­i­zen Richard Mumba has sued op­po­si­tion par­lia­men­tar­i­ans for boy­cotting the Pres­i­den­tial ad­dress to Par­lia­ment. In his rul­ing, Con­sti­tu­tional Court Judge Enock Mulembe said he did not see how the ex­clu­sion of the four would ad­versely af­fect the court’s abil­ity to hear and de­ter­mine the is­sues raised in the pe­ti­tion. The four min­is­ters are Jean Ka­p­ata, Richard Musukwa, Bow­man Lusambo and Free­dom Sikazwe and one MP. In dis­miss­ing the pe­ti­tion, Judge Mulembe ruled that each party would bear their own costs. Judge Mulembe said due to what he con­sid­ered to be car­di­nal con­sti­tu­tional ram­i­fi­ca­tions the is­sues the pe­ti­tion raised, he had taken the lib­erty to give long and care­ful re­flec­tion over the ap­pli­ca­tion and the points raised by the par­ties in favour of their re­spec­tive po­si­tions. The pe­ti­tioner Richard Mumba sub­mit­ted that the ap­pli­ca­tion by Mr Nkombo and 51 oth­ers to add the four min­is­ters and one MP was just an­other way to de­lay the mat­ter fur­ther and they would not suf­fer any prej­u­dice if the court de­nied and dis­missed the ap­pli­ca­tion. Mr Mumba had also sub­mit­ted that the ap­pli­ca­tion be dis­missed with costs for lack of merit. The num­ber of re­spon­dents now stands at 44 from 51 af­ter the two par­ties en­tered into a con­sent judge­ment to strike out nine UPND MPs be­fore Judge Mulembe on Au­gust 16, 2018.

The ap­pli­ca­tion by Mr Nkombo and 51 oth­ers to add the four min­is­ters and one MP was just an­other way to de­lay the mat­ter fur­ther and they would not suf­fer any prej­u­dice if the court de­nied and dis­missed the ap­pli­ca­tion.

Garry Nkombo

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