Despite knowing that they can never win a case in the disgraced constitutional court, the UPND has again wasted time, money and energy to petition the disgraced court.
This time the UPND think the PF constitutional court can quash the State of Emergency.
According to court papers, UPND Secretary General Stephen Katuka argues that it is unconstitutional for the National Assembly to vote on extending the State of Emergency in the absence of the opposition party’s members of parliament.
Katuka is suing the Attorney General and PF Speaker Patrick Matibini as respondents.
“That I also verily believe that the decision by the Speaker of the National Assembly to convene National Assembly as aforesaid on the 11th July 2017 was an ill-conceived chicanery scheme calculated to disenfranchise the said UPND members of parliament and their respective constituencies from participating in matters of national importance such as the approval of the precursor for a State of Emergency,” Katuka stated.
“That by reason of the foregoing I have filed an Originating Summons to call for the interpretation of Article 31 2) of the Constitution of Zambia and impugn the decision of the Speaker and or National Assembly to approve the declaration mentioned in paragraph three.”
Katuka wants the ConCourt to interpret whether the use of the words “by the majority of all members thereof” in Article 31 is so ambiguous, vague or absurd that it warrants for departing from the Liberal and Purposive rules of Interpretation and whether or not the Speaker can convene National Assembly in the absence of 46 suspended MPs.
Katuka also wants the ConCourt to interpret whether the remaining members of the House who comprise mostly of PF MPs can vote to extend the State of Emergency.
“If not, whether this is not a suitable matter for the ConCourt to quash any decision, action or measure whatsoever by the Speaker of the National Assembly to approve by a resolution, the proclamation by the President of the Republic of Zambia as promulgated in Gazette Notice No. 448 of 2017 under Statutory Instrument number 53 of 2017 on the 5th July 2017 and declare that such was unconstitutional for being done in contravention of Article 31(2) of the Constitution of Zambia (Amendment) Act No 2 of 2017. Further, or other relief the court may deem fit or necessary,” stated Katuka.
Like we said already, this is a waste of time. The PF constitutional court will simply say ‘majority of MPs’ means those not serving a suspension at the time.
When will the UPND learn to deal with political matters politically?
We really feel sorry for HH seeing the type of people surrounding him. We just wonder how much HH’s legal bill is by now with all these unnecessary and misconceived court cases?
At least if he had a good media team.