By MWAKA NDAWA
AFTER engaging the Constitutional Court over eligibility cases, lawyer John Sangwa has petitioned against legal fees demanded by Attorney General Likando Kalaluka after the court dismissed his petition against the Electoral Commission of Zambia (ECZ).
He wants an order of certiorari quashing section 30 of the Constitutional Court Act and the award of costs in cause no.2021/CCZ/0021.
Mr Sangwa stated that on May 14, the petition was heard and before closing his case, he informed the court that depending on the outcome of the matter, he desired to address the Constitutional Court on the issue of costs but the court ignored him.
He said the court dismissed his petition with costs and further indicated that a full judgement would be delivered on May 27, 2021 but the same has not been delivered.
He said section 30 of the Constitutional Court Act no.8 of 2016, to the extent that it confers discretionary power on the Constitutional Court to award costs in proceedings before it contravenes Articles 2, 52(4), 67(3), 101(4), 103(1) and 128(3) of the constitution.
He wants a declaration that section 30 of the Constitutional Court Act to the extent that it confers discretionary power on the Constitutional Court to award costs violates Articles 2, 52(4), 67(3), 101(4), 103(1) and 128(3) of the constitution and is null and void.
Mr Sangwa is also seeking a declaration that the award of costs by the court in cause no.2021/CCZ/0021 contravened Articles 2, 52(4), 67(3), 101(4), 103(1) and 128(3) of the constitution and the award of costs is null and void.
