Peter Sinkamba..Leader of the Green Party (A Tonse Alliance Member) writes…
MY FURTHER REFLECTIONS ON PRESIDENT & SPEAKER OF NATIONAL ASSEMBLY DISOBEDIENCE OF CONCOURT ORDERS.
The other day I explained why in terms Article 3 and 5 of the Constitution of Zambia Amendment 2016, it is tantamount to treason for the President and Parliament to unsurp the power of people by forcing Bill 7 after it was declared unconstitutional, illegal, null and void by the Constitutional Court.
Today I focus on the implication of disobedience of court orders on prisoners and other citizens.
If President Hakainde Hichilema, Speaker of the National Assembly of Zambia Nelly Butete Kashumba Mutti, Deputy Speaker Attractor Malungo Chisangano, and Members of Parliament disobey court orders, why should other citizens, especially prisoners do so? Right now, there are thousands of people held as prisoners in several prisons across the country. They are in prisons because they complied with court orders. But if some citizens, like the above mentioned, can disrespect court orders, why should anyone respect a court order to be in a prison?
Or indeed why should anyone respect a court order to have his or her property forfeited to the State? Why should anyone accept a court to declare his or her seat vacant? Why should we even have a court? Or indeed, why should we have a constitution, any way?
These are the questions that Judge President of the Constitutional Court (ConCourt) in Zambia Hon. Justice Prof. Mulela Margaret Munalula, and Arnold Mweetwa Shilimi, the Deputy President, and other Concourt judges, who are responsible for presiding over constitutional matters, must reflect on as they hear multiple cases brought before them following the presentation, by the Justice Minister, of Bill 7 to Parliament, after the Concourt declared it unconstitutional, illegal, null and void.
Meanwhile, I am aware that the Attorney General has applied to the Concourt to vacate this judgment. Meantime, the court order is still in force. So, any act done or omitted to be in furtherance of Bill 7 while the court order is in force will be unconstitutional, illegal, null and void. In other words, the reintroduction of the bill, the committee meetings, the first reading, second reading, third reading, voting, are unconstitutional, illegal, null and void provided the judgment remains unvacated by the Concourt.
Even if, in due course, the Concourt vacated the judgement, that act will not in any way validate retrospectively the ongoing proceedings in parliament . Every which way, the Presidency and Parliament are in catch 22 situation.
The other day, I saw, in disbelief, the Deputy Speaker of the National Assembly Attractor Chisangano say despite Bill 7 being challenged in court, Parliament remains guided by its Standing Orders, and requires no interference from external authorities in its proceedings. Her response followed a point of order from Minister of Home Affairs and Internal Security Jack Mwiimbu, who questioned whether political leaders were in order to institute contempt proceedings over Bill 7. This followed Lawyer Celestine Mukandila and Munir Zulu commencing contempt of court proceedings against Attorney General Mulilo Kabesha, Speaker Nelly and others.
It is so shocking that a Deputy Speaker has no clue on the Supremacy of the Constitution proclaimed in Article 1. It is disgusting to note that she thinks the Standing Orders of Parliament are supreme over the Constitution, and orders of the Constitutional Court. Why should such shallow thinking MPs be given opportunity to preside over Parliament?
They need to know that the implications of disobedience of court orders by the Executive and Parliament are grave on the governance system of the country. It is a recipe for general breakdown of law and order in a country. It is due to such conduct that leads to jail breaks in other countries.
Lets wait under see whether or not the Concourt will redeem the Supremacy of the Constitution but its authority and that of the judiciary generally.
(Thats will not go inside the Chamber as long as Bill 7 remains on the table of the House. I am a law abiding citizen & will not be part of committing contempt of court and treason to our Constitution. Zikomo)