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‘JOHN SANGWA’S PETITION ‘HOPELESSLY’ OUT OF TIME’

By GRACE CHAILE LESOETSA

ATTORNEY-GENERAL Likando Kalaluka has submitted that John Sangwa’s petition where he wants an amendment of the affidavit for Presidential candidate/Running mate to include a clause “I have not twice held office as President” is incompetently before the Constitutional Court.

He said In a response to Mr Sangwa’s petition filed yesterday, Mr Kalaluka submitted that the petitioner is guilty of inordinate delay in presenting the challenge for constitutionality of the statutory instrument as he was hopelessly out of time.

Mr Kalaluka argued that article 67 (3) bars any person from bringing a challenge 14 days after the publication of the statutory instrument in the gazette.

“It follows that this petition is incompetently before this honourable court as it comes long after 12 August 2016 when the impugned statutory instrument was published in the gazette contrary to Article 67 (3) of the Constitution,” he said.

He submitted that including the paragraph to the affidavit was unnecessary as the statement that “I qualify for nomination as a presidential candidate and the disqualification in Article 100 (2) do not apply to me” confirms that all constitutional requirements relating to the nomination of a presidential candidate have been met by the candidate as they file in their nomination.

Mr Sangwa cited ECZ and the Attorney General as first and second respondents in the petition.

He added that the lapse of period of four years and eight months was inexcusable. Mr Kalaluka asked the Concourt not to entertain the petition as it was not within its jurisdiction.

“The petition seeks to invite your lordships and ladyships to perform a legislative function which function is alien to this court’s jurisdiction. Article 62 of the constitution of Zambia vests the legislative authority in Parliament and Members of Parliament to the exclusion of any other person or body. On the other hand, Article 177 (5) gives office of the Attorney General authority to draft and sign bills that are to be presented to the National Assembly.

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