By GRACE CHAILE LESOETSA
THE Constitutional Court has rejected an application by the nine PF Members of Parliament (MP) whose seats were nullified by the High Court seeking permission to commence the matter during Christmas vacation pursuant to order 64 of the Supreme Court rules of England 1999 edition (white book).
Bowman Lusambo (Kabushi), Joe Malanji (Kwacha), Allen Banda (Chimwemwe), Kalalwe Mukosa (Chinsali), Mutotwe Kafwaya (Lunte), Lucas Simumba (Nakonde), Taulo Chewe (Lubansenshi), Sibongile Mwamba (Kasama-Central) and Christopher Chibuye (Mkushi North) have cited the Attorney General as the respondent.
The applicants last Thursday discontinued the matter in the Lusaka High Court and immediately applied for leave to commence the same in the Con-Court during the vacation.
But Con-Court Judge Judy Mulongoti in her ruling on the application said that the con-Court rules which envisages the application for leave to issue and serve the petition during the Christmas vacation are silent.
“In other words the rules are silent in this regard. I am therefore inclined to refuse this application. I also find that the cases relied upon to have been cited, are out of context and inapplicable in this matter,” she said.
“I equally note that apart from averments that the matter is urgent, the applicants have not demonstrated how, merely stating so, does not make the matter urgent. In light of the foregoing, the application fails and is accordingly dismissed,” Judge Mulongoti ruled.
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