THE Law Association of Zambia says it is considering joining a case filed in the Constitutional Court last Thursday seeking interpretation of clauses in the Constitution relating to handing over of power to the Speaker when there is a petition.
And LAZ has told Facebook lawyers such a Tutwa Ngulube and the other raw chap who ignorantly said the constitutional court will refer the matter to parliament to stop misleading the public on social media with their often wrong, misplaced and misguided interpretation of the law . See attached circular.
In an interview, LAZ vice-president Eddie Mwitwa said the association could not comment on the matter at the moment because it was in court.
“That’s something that we are still considering and we have a bit of a technical challenge. The technical challenge being that there’s a matter pending in the Constitutional Court right now. I don’t know if you have been made aware of a case that was filed by Celestian Mukandila Vs the Attorney General (Likando Kalaluka). It was filed on the 18th of August and it’s case number 2016/CC/0030,” said Mwitwa.
“So he is essentially asking the court to interpret those provisions that relate to the handing over of power by the incumbent President to the Speaker and because the matter is in court, we as a body of lawyers are precluded from commenting on it and we are considering that we should in fact join as a friend of the court so that we should in fact make our position known in that particular case as opposed to making our position public as everyone else has been doing so far. As soon as we have a clearer picture on the way forward, we will let you know.”
On August 10, Kalaluka said the Constitution provided that president Edgar Lungu would have to step down if there was an election petition.
“I think the Constitution only provides that the Speaker will take over if there is a challenge in terms of the petition; someone is challenging the election results. If it is only a re-run the President will continue in office. The only instance when the President will not be in office according to the Constitution is where there is a challenge in the Constitutional Court. That’s what the Constitution says,” said Kalaluka.
But Secretary to the Cabinet Roland Msiska last week announced that president Lungu would continue in office regardless