Concourt allows UPND to join case

THE Constitutional Court has joined UPND as an interested party to a matter where a lawyer has petitioned the court, seeking an order that the Registrar of Societies deregisters all political parties which have not held party elections from 2016 to date.

Constitutional Court judge Mungeni Mulenga said the UPND had sufficient interest in the matter. In this matter, Mr Benjamin Mwelwa, an Advocate of the High Court, has petitioned the Constitutional Court, seeking an order and declaration that any political party which was registered and in existence as of January 5, 2016 and which has not promoted and practiced democracy through regular, free and fair elections, within its political party, has breached article 60(2)(d) of the Constitution of Zambia (Amendment) Act no. 2 of 2016 and therefore such a political party ceased to exist as a political party in Zambia on January 4, 2017. He wants an order that the Registrar of Societies deregisters all political parties for having ceased to exist as political parties in Zambia on January 4, 2017 and violated article 60(2)(d) of the Constitution of Zambia (Amendment) Act no.2 of 2016 and section 18(1) and (2) Act no.1 of 2016. He cited Attorney General, Likando Kalaluka and the Electoral Commission of Zambia (ECZ) as the respondents in the matter. However, Mr Stephen Katuka in his capacity as Secretary-General of the UPND, applied to join the case as an interested party, saying the petition targets all political parties in the country, of which UPND was the main opposition party. But when the matter came up for hearing of joinder application in Chambers on May 28, this year, before Justice Mulenga, Mr Mwelwa objected the joinder application, arguing that the UPND did not demonstrate sufficient interest to be joined. Meanwhile, ECZ did not object to the joinder application. The court in its ruling, found that the UPND had sufficient interest in the matter and accordingly granted the application to join as an interested party.