By GRACE CHAILE LESOETSA
THE Electoral Commission of Zambia (ECZ) and the State have submitted that the issue of what amounts to the equivalent of a Grade 12 certificate has already been adjudicated upon by the Constitutional Court and asked the constitutional court the matter seeking the same interpretation.
ECZ contended that in accordance with the judgement of the ConCourt in the matter between Bizwayo Nkunika and Lawrence Nyirenda and ECZ,that a tertiary , vocational, craft ,trade or apprenticeship certificate is not equivalent to a Grade 12 certificate as it is not comparable in value, amount, meaning and functions to a grade 12 certificate.
Based on this fact, ECZ has asked the Court to dismiss Luangeni Member of Parliament (MP) Charles Zulu’s petition in which he wants the ECZ to give a clear interpretation of what amounts to the equivalent of a Grade 12 certificate.
Mr Zulu has cited ECZ and the Attorney General as first and second respondents in the petition.
He wants the court to determine whether having regard to the Constitutional court’s judgment delivered on March 10, this year, the pronouncement by the ECZ was in breach of the constitution.
ECZ argued that the court has adequately guided on the practice of engaging it in academic exercises.
“In conclusion it is evident that the applicant merely wants to entice the court to re-open a matter where the court pronounced itself on the meaning of article 70 (1)(d) of the constitution and in the premises we humbly pray that this honourable court dismiss the application herein with costs,” ECZ submitted.
Meanwhile, Chief State advocate in the Attorney General’s chambers Mr Josiah Simachela submitted that an action that the court has already made its pronouncement on , on its merits cannot again be the subject of litigation.