KABUSHI, KWACHA CASE BACK TO CONSTITUTIONAL COURT
By Rhodah Mvula
The Lusaka High Court has granted the State permission to refer the case of Bowman Lusambo and Joseph Malanji Kabushi and Kwacha by-election petition to the Constitutional court for determination of constitutional questions.
The State wants the Constitutional Court to determine whether the High court under article 52(4) of the Constitution, has jurisdiction to determine the case outside Articles 70 and 71 with regards to qualification of Members of Parliament and validity of nominations.
Meanwhile, the High Court had denied the application by the State for leave to appeal against its decision to suspend the Kabushi and Kwacha By elections.
In this matter, the Lusaka High Court suspended the Kabushi and Kwacha by-election following a petition by Mr. Lusambo and Joseph Malanji, pending determination on whether the decision of the Electoral Commission of Zambia to reject their nomination is legal.