Lusaka ~ Mon, 21 Sept 2020
By ZR Reporter
The Court of Appeal has dismissed an appeal by Attorney General Likando Kalaluka in in which he was challenging High Court judge Sharon Newa’s decision to reinstate the registration of Harry Kalaba’s Democratic Party (DP).
DP secretary general Precious Ntambu commenced judicial review proceedings in which she challenged the decision of the Registrar to deregister the party in June 2018.
Ms Ntambu had argued that the Registrar’s decision was irrational, unreasonable and procedurally improper.
And judge Newa, in her judgement, found that the decision of the Registrar to deregister the DP was illegal and she quashed it.
The judge ordered the Chief Registrar to issue the DP with a duplicate certificate of registration.
Being dissatisfied with judge Newa’s decision, Attorney General Kalaluka appealed to the Court of Appeal and asked judge Newa to stay execution of her judgment.
In her ruling, judge Newa granted Kalaluka the stay.
The Attorney General argued in his appeal that judge Newa misdirected herself in law and fact when she directed the registrar to issue DP with a duplicate certificate.
He also argued that judge Newa’s decision to quash the deregistration was an error and a misdirection, among other grounds.
The Court of Appeal in its judgment dismissed the Attorney General’s grounds of appeal.
Judge Lengalenga said judge Newa’s judgment cannot be faulted.
She agreed with judge Newa’s judgment that the Registrar’s decision was
illegal, irrational, wednesbury unreasonable and procedural impropriety.
Judge Lengalenga said the court has upheld judge Newa’s decision to reinstate the DP as a duly registered political party in Zambia.