LAWYER URGES CONSTITUTIONAL COURT TO REASSESS MINISTERS’ PAYBACK DECISION

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LAWYER URGES CONSTITUTIONAL COURT TO REASSESS MINISTERS’ PAYBACK DECISION

Lusaka lawyer Miza Phiri has petitioned the Constitutional Court to revisit its decision requiring former Patriotic Front (PF) Ministers, who illegally remained in office after the dissolution of Parliament, to repay the funds they accrued during that period.



Phiri’s petition argues that the court failed to properly interpret Articles 29 and 30 of the Constitution, which are vital for understanding the roles of Cabinet Ministers during the dissolution of Parliament.


He pointed out that Article 29 empowers the President to declare war at any time, but only with Cabinet consultation, while Article 30 allows the President to declare a state of emergency, again requiring Cabinet’s input.


Phiri also referenced the recent eligibility case involving former President Edgar Lungu, petitioned by youth activist Michelo Chizombe, emphasizing the Constitutional Court’s inherent power to revisit and potentially overturn previous rulings made per incuriam, without due consideration of relevant constitutional provisions or legal precedents.

Diamond TV

2 COMMENTS

  1. Thanks for the input. Lungu had used the constitution he had enacted without reading through it and the repercussions. His focus was to have a new constitution so that he could score a new term. He was aware the 2 constitutions were incoherent on the terms. That was his motivation and everything else didn’t matter to him. As far as was concerned the rest was work in progress and he could weve. Example in hand Bill 10.

  2. I hope when such pf lawyers’ stupidity is dismissed it shall be with punitive costs for insulting and wasting courts time!!!!!

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