ITS EITHER ZAMBIA HAS AN IDIOT CONSITITUTION OR POOR LAWYERS AT LAW.
The speaker’s decision.
By China Bonzo
More than 50 Zambian lawyers gave there opinions on Speaker of the nation assembly’s decision. And from their opinions it’s clear that we have a consititution which is difficulty to understand. It’s only Jesus who can interpret the Zambia consititution in full.
👉Which court in this case between the high court and the constitutional court is rightfully being described as the court of competent jurisdiction to nullify a parliamentary seat?
👉If it’s the high court then the speaker could be right but if it’s the constitutional court, then why bother the high court court with cases it has no jurisdiction over?
👉The provisions in article 73 only applies in the high court and not the constitutional court and let’s separate between petition and nullification….
👉 Which section of the law allows the MP to be in the house just because he or she appeared to concourt?
👉What’s the need of a high court when it’s rulling is not enough to solve cases until the concourt?
👉What if no MP appeals to con court against the decision of the High court, is the con court will move itself to declare the seat vacant? If the high court has no power to nullify the election?
👉It is not the speaker who declared seats vacant but the high court through it’s ruling and therefore no way the speaker can allow the mps in parliament when the high court nullified their seats. The decision by the high court stays until the con court overturn the high court decision.
👉Dr Matibini already set precedence in the case of Mrs Scott vs mwanakatwe, the case of Keith Mukata and the case of Chishimba kambwili among others. And in all these rulings Dr matibini stated clearly that the speaker determine the weight of the case which is active in courts of law and use the desecration weather to make a ruling or not … Secondly he feather stated Parliament is not only mandated to make laws but it can also interpret laws as it is an independent organ of government… So I don’t know why people are complaining when precedence was set …
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For more details visit the national assembly website and see these rulings in details….
👉The speaker is right according to high court ruling. The nation assembly of Zambia ( parliament ) make the laws and to suggest that the speaker has no power to interpret the law is the lowest thinking.
👉Otherwise ELECTROL COMMISSION OF ZAMBIA get ready to conduct elections within 90 days kwamana.