Politics

Kalaba’s Democratic Party Legally Registered, Rules Court of Appeal

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.

5 Comments

  1. Overseer

    Too many political parties being formed, it is not good for a country to have a lot of parties. People will be having a hard time choosing which political party ideology to go with. These politicians shouldn’t be allowed anyhow to form political parties, too many political parties existing in a country creates massive misunderstandings and tensions among people. This is not the way to go forward as disagreements and divisions among parties and people will drag the country down to a unforeseeable future. Even if we have a multi-party system it doesn’t mean people can just be creating more useless parties, some people just want to make a name for themselves they don’t care about fixing problems in the country. In modern times an ideal political system would only have 5 or less parties, but look at what we have in Zambia

  2. Old Mzee

    I agree .Dp currently is not adding any value to Zambian demoracy.HK has the experience and is clean but he is alone in DP and has no structures on the ground.
    DP is not tested so they are wasting their time.HK for 2026 not 2021 he is not ready

  3. Lloyd

    The problem with our politicians is that each politician want to be a president. This is why in most cases presidents in zambia fail because they always work with their rivals. The so called cabinet are eyeing the highest office. Its like a groom who has a his best man who is admiring the same bride.

  4. Pharaoh

    I totally agree with you all and if it means funding all these opposition political parties by the gvt during campaign period,how much is expected to be spent?.Too many political parties ends up confusing people’s mind to follow their ideologies or to study their manifesto.In fact they end up sharing a very small margin of votes giving an advantage to the gvt in power.They think its a game of chance.

  5. JMS

    A planned move is a move which includes (a) court issues (b) way of defending the one thought to have the advantage (c) create unsuitable situations against two most needed parties through confusion mainly people spreading due to luck of knowledge who to go to when they know the ruling party was their although delivery wasn’t at par.

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