By GRACE CHAILE LESOETSA
ATTORNEY General Likando Kalaluka has submitted that President Edgar Lungu did not contravene the constitution when he assented to the Zambia Correctional Service (ZSC) bill number 35 after dissolution of Parliament as he was performing his executive functions.
He said the President is mandated to assent to bills even after parliament is dissolved, as it is the executive functions bestowed on him. In this matter, Chapter One Foundation has petitioned the Constitutional Court to quash ZCS bill 35, arguing that it was assented to by President Lungu after dissolution of Parliament. It is seeking a declaration that the ZCS bill 35 of 2021 was assented to by the President after the dissolution of Parliament on May 13 this year.
Chapter One also contended that ZCS Act number 37 of 2021 was not law or legislation enacted by the Parliament and therefore null and void. It also wants an order that the ZCS Act number 37 of 202 be removed forthwith into the Constitutional Court for purposes of quashing.
The bill redefines ZCS from being a prison service to a correctional facility In his reply to the petition, Mr Kalaluka said that the President was mandated pursuant to Article 66(1)(a) and (b) of the Constitution to either assent a bill presented before him within 21 days after receipt of the bill.
He contended that in the alternative, the President could refer the bill to the National Assembly for reconsideration, indicating any reservations concerning the bill. On that basis, he said, Mr Lungu assented to the said bill within the prescribed time even though Parliament was dissolved.
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