CONCOURT DISMISSES PETITION ON PF MINISTERS’ STAY IN OFFICE
The Constitutional Court has dismissed a petition seeking a review of its landmark ruling that cabinet and provincial ministers illegally remained in office after the dissolution of Parliament and were ordered to repay the monies accrued.
In this matter, the petitioner Miza Phiri argued that the court failed to interpret Articles 29 and 30 of the Constitution, which outline the President’s powers to declare war or a state of emergency both requiring cabinet consultation during the dissolution period.
He cited the recent eligibility case of former President Edgar Lungu, petitioned by youth activist Michelo Chizombe, to argue that the court has inherent powers to revisit prior decisions made per incuriam without considering relevant provisions or precedents.
However, in its judgment, the court has ruled that the petition was hypothetical and lacked factual basis to invoke its jurisdiction under Article 128(1)(a).
The court has found no grounds to review or depart from its earlier, well-reasoned decision, stressing that new issues cannot be raised in a hypothetical case to overturn a ruling based on actual facts.
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