The Constitutional Court has misjoined the Head of State and the National Assembly of Zambia, who were cited together with Attorney General Likando Kalaluka, after an application for misjoinder was made by the Attorney General’s chambers.
In this matter, LAZ contends that a Bill proposing alteration of the Constitution of Zambia would contravene the Constitution and proposed changes must thus not be enacted into law.
LAZ had sued the President of the Republic of Zambia as the First Respondent, the Attorney General as Second Respondent and the National Assembly as Third Respondent.
However, the Attorney General contended that the Republican President and the National Assembly have no capacity to sue and be sued in their own capacity, and must thus be removed as respondents.
The Attorney General relied on the provisions of Articles 98(1) and 177(5)(c) of the Constitution as well as Section 12(1) of the State Proceedings Act to maintain the Attorney General as the only respondent.
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
LAZ is challenging the decision by the Attorney General to sign and present to the National Assembly Bill 10 to the Constitution in the manner provided in the document.
The lawyers’ body is also challenging 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.
The Court has since set October 29 for hearing of the main matter .