JUDICIAL COMPLAINTS COMMISSION MUST BE CHECKED’
Fri, 03 Nov 2017 10:19:37 +0000
By Nation Reporter
IT would be sheer lawlessness to suggest that the Judicial Complaints Commission could attempt to overturn the decision of the Constitutional Court on a presidential petition because the court has the ultimate and final mandate to decide over election petitions which the commission does not have.
Lusaka lawyer Hobday Kabwe said the mandate to interpret the law with regards to election petitions or any complaint arising from any election results was the sole mandate of the Constitutional Court.
He said it would be unfortunate that the JCC could have involve itself with the interpretation of the decision of the Constitutional Court in relation to the 2016 presidential election petition and the 14 days period for hearing.
He said it would be unsustainable for the commission to begin to question on how the court could have interpreted the law or how the Constitutional Court could have arrived at the decision as it was beyond their mandate as a body mandated to probe the conduct of judges and not the law.
“You might as well begin to have the Supreme Court decision and the High Court decision being overturned by an institution appointed to hear complaints on the conduct of judges. It is all on discipline of judges.
“It cannot transcend boundaries to start touching on how or what they have decided as a court,” he said.
He charged that the Commission would overstep its boundaries should it decide to question the decision of the final and ultimate body mandated by the Constitution to interpret the law.
He said it would be ridiculous to have a decision of the Court mandated by law being overturned by a body however established by law.
He charged that the country could not embark on endless litigation as “the decision of the Constitutional Court is unfortunately final,” adding that such decisions would be abusive of the legal processes.
He explained that the Zambian Constitution was very clear on the Constitutional Court over its solid mandate to be a final authority in dealing with decisions on election petitions whether presidential or otherwise.