Politics

ConCourt Subpoenas Lubinda, AG In Bill 10 Case

The Constitutional Court has subpoenaed Minister of Justice Given Lubinda and Attorney General Likando Kalaluka to testify in the matter in which the Law Association of Zambia (LAZ) has sued the President, the Attorney General and the National Assembly for tabling the Constitution of Zambia (Amendment) Bill 10 of 2019 in Parliament.

The court has asked the Minister of Justice and the Attorney General to present documents in any form which should show how the decision to alter the Constitution as set out in the bill will protect the Constitution and promote democratic governance in Zambia as required in Article 61 of the current Constitution.

The Court has also asked Mr Lubinda to outline the challenges or constraints faced by Zambia in the governance of the Republic since the amendment of the current constitution on January 5, 2016.

In this matter, LAZ petitioned the Constitutional Court seeking a declaration that the respondents’ decision and the extent to which it seeks to amend the Constitution in the manner set in the Constitution of Zambia (Amendment) Bill No. 10 of 2019, is illegal because it contravenes Articles 1(2), 8, 9, 61, 79, 90,91, 92 and 79 of the Republican Constitution.

The Law Association is further seeking an Order (of Certiorari) that the Petition be allowed and that the Constitution of Zambia (Amendment) Bill No. 10 of 2019, which evidences the Respondents’ decision to amend the Constitution in the manner provided therein, be removed forthwith into the Constitutional Court for purposes of quashing.

LAZ is also seeking any other remedy the Court may consider just in order to defend the Constitution and resist or prevent its overthrow, suspension or illegal abrogation, among other reliefs.

The subject matter of LAZ’s Petition, which has been made pursuant to Article 128(3)(b) of the Constitution, is challenging the decision by President Lungu to amend the Constitution of Zambia in the manner set out in the Constitution of Zambia (Amendment) Bill No. 10 of 2019 (Bill 10), the decision by the Attorney General to sign and present to the National Assembly, Bill 10 to amend the Constitution in the manner provided in the said Bill and the decision of the National Assembly to publish in the Government Gazette Bill 10, to amend the Constitution, and the National Assembly’s decision of August 2, 2019, to table the Bill for the First Reading.

29 Comments

  1. SONTA DONATION YOBE

    THESE USELESS POLITICIAN HAS BEEN BEEN CAUGHT WITH HIS CORRUPT BOSS,ITS A SHAME.

    Reply
    • Frank Chombela

      I don’t think this site knows the ConCourt. This is just an application by LAZ to the ConCourt to subpoena Lubinda and the Attorney Attorney General. I doubt it it will be granted. It’s this habit of counting chickens befire they are hatched which weakens the fight for progress.

      Reply
  2. dance

    Good move LAZ!!! The constitutional amendment only benefits the president and his cabinet who does not want to leave office. The amendment is only in favour of the pf and support its dictatorial leadership .. Vision less president and his cabinet!! No one is above the law

    Reply
  3. Impyakusu ichinyo

    Ba Zambia report tell us about kaoma results we are waiting kabili

    Reply
  4. Lisa

    Surely Zambian people didnot ask for any constitution amendments. We asked for reconciling the Pf/Upnd tension. See now because of failing to heed, political violence has continued to claim innocent lives in the just ended Kaoma byelection,and then you ask citizens to attend national prayers.. nosense! Zambians interest is political harmony not bill10:

    Reply
  5. Dominic

    What about UPND who cried that 14 days was too short a period in which to fully ague a Presidential Petition.This was in 2016.Bill 10 has increased the period to 30 days.Is this Bad?

    Reply
  6. Winnipeg Nyirongo

    Kkkkkkkkk!!! Have you seen now????? We told you in the beginning that the President, Attorney General and National Assembly have NO powers to sue the LAZ. The reason being that LAZ is the only Body which has powers to sue the President, Attorney General and National Assembly. Have you seen now that the Minister of Justice is in soup???? By the way, how many times is the Constitution of Zambia going to be amended in the shortest period of time just to benefit only the President, Attorney General and National Assembly Members????? Job well done ba LAZ for showing the President, Attorney General and National Assembly that you have more powers than them!!!! Thanks

    Reply
  7. observa

    Now we a vibrant LAZ LEADERSHIP that knows the procedure and proper interpretation of the law and Not the previous cowards and political stooges. Come on guys shake up the OLD judges at concourt who have been idle for too long.!!

    Reply
  8. Majesty

    Because of the climate change

    Reply
  9. The Seeker

    If you are seeing someone do bad things and you choose to keep quiet for one reason or another, you are as guilty as the one doing. Well done LAZ, at least now we know we still have decent people who can ride up to defend mother Zambia.

    Reply
  10. Roberto Carlos

    We demand Kaoma by-election results

    Reply
  11. vince

    Big up ba LAZ we r with u, all the way

    Reply
  12. Benson Kampukwe

    Good move ba-LAZ this is why you were created to defend the law of the land we are behind you to the end

    Reply
  13. Kings

    Wise LAZ officials, good job.

    Reply
  14. dance

    Roberto the kaoma results; are upnd has won but the pf short dead one of the upnd youths. What kind of a govt is this????

    Reply
  15. The Seeker

    @ Dance,it was reported on this very media (Zambia reports) platform that, a UPND carder had short dead a PF carder when it was the other way round. Zambia reports, please,be accurate and sincere in your reporting. We don’t want biasenes otherwise you will lose your credibility.

    Reply
  16. Amos

    Mr seeker I agree with u 100%.. I think ba Zambia reports they are with the losing pf… They made a false report saying a upnd cadre had shot dead a pf cadre.. Garry Nkombo in the run for shooting at made secretary general for pf mumbi phiri. Ba zed reports be a media that stands on one thing.. Tatulefwaya mukafwe chimbwi ntanganana.. Tukamidununa forward.. Uga k155 per 25kg careful ka

    Reply
  17. Iwe lundazi

    A 14 days presidental hearing and public order act is 2 short upnd cried but 2day hiden it 4 use in 2021 ase an excuse. Zambians in 2016 were given a new constitution and upnd shot it down,down but they throught its them who hav wisdom and intelligence 2 run the country. Upnd mps are journalism, doctors or are all fields. Upnd victim politics wil not make them win election. Churchs are not talking and its lik are writing a letter of the year 2 the member. Pipo supporting pf and upnd all are talking property their pay master. Why western provincal is a battle field 4 upnd and if it wins today upnd can’t met the demand of the lozi people of self rule. Western province can b other south sudan if upnd thinks are solution 2 the problem are facing and innocent pipo are bin killed but most intelligent but lack wisdom are hiding in lusaka and usa

    Reply
  18. SEE MIND(MWAMPO)

    MORE BURNING! LUNGU V LAZ LETS GO 2021 ?

    Reply
  19. Sibweni

    Laz a group fighting 4 appointmt by incoming upnd govt. The two parties pf and upnd hav no respect 4 rule law and the devil u know is better than the 1 dont know. In 2021 voting is same as maintaining pf bcoz violence is party of our political system bcoz thugs,supports or cadre do it 2 please the pay master bcoz in 2021 was so violent 2gather with pf while in opposition. If jesus come 2day u ask, who is violent in zambia politics? Answer wil b pf and upnd simple. Insteady political leader give hope 2 youth but are given guns are able 2 clear guns 2 destroy information. Both pf and upnd leaders 2 blame 4 giving guns 2 the cadres. Police space has bin take by these two parties of fighting now security wing of the nation as bcome rubbish. Where is peace in zambia?

    Reply
  20. Nyengo

    Laz petition the court not sue the president bcoz in power. Civil education is important in situations lik this one bcoz pipo write without proper understding bcoz all us we can not bcom lawyers. Yo opinion is not court final judgement bcoz courts wil submit and court wil giv the finds

    Reply
  21. D. M

    UPND = 7801
    PF = 7649
    Kaoma results

    Reply
  22. TRUE-BEMBA

    AM-NOW-OFFICIALLY-CHANGING-{LAZ}TO-LAW-GOVERNING-BOARD-OF-ZAMBIA.WELL-DONE-BA-LGBZ.

    Reply
  23. YURL

    Failure government just quite and just say we have failed.

    Reply
  24. Sibalwa Joseph 74@gmail.com

    Help the helpless people go go

    Reply
  25. Noko ichinyo

    Good move by Law, let me say a bit on this 30 dayz of petition which pf want to bring. As for me on this one I see its useless coz , the court will continue adjourned the petition until the last day like they did in 2016 .

    Reply
  26. Shi Bwalya

    Congrats LAZ stand up for the truth

    Reply

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