By GRACE CHAILE LESOETSA
PETITONER John Sangwa has asked the Constitutional Court to dismiss Lewis Mosho’s notice of motion to raise preliminary issue for lack of merit.
Lawyer Mosho filed motion on whether the ConCourt has jurisdiction to hear and determine Mr Sangwa’s petition which he said lacks disclosure of constitutional issue.
In this matter, Mr Sangwa has petitioned the ConCourt to compel the Electoral Commission of Zambia (ECZ) to amend the affidavit for Presidential candidate/Running mate by including a paragraph saying “ I have not held office twice” to comply with article 106(3) of the constitution.
ECZ and the Attorney General are respondents while Mr Mosho is joined as an interested party.
In his affidavit in opposition to Mr Mosho’s motion, Mr Sangwa contended that the notice of motion to raise preliminary issue pursuant to article 128 of the Constitution of Zambia (amendment) Act 2016, Article 128 of the Constitution does not deal with the matters of practice and procedure but the substantive jurisdiction of the court.
He said that Mr Mosho in his arguments has not referred to the portion of Article 128, which supports the motion.
“Although Mr Mosho was added to these proceedings as an interested party, he has no authority to file the motion in issue. “In the proceedings; his stake in the success or failure of the litigation; or his legal duty to participate in the proceedings. The joinder doesn’t empower him to pursue his own issues in this matter,” Mr Sangwa argued.
Mr Sangwa said Mr Mosho could only pursue the motion if made a respondent.
He insisted that the petition was not against the provisions of the statutory instrument but the affidavit attached to the regulations as a schedule.
“My contention is that the affidavit doesn’t satisfy article 52 (1} of the Constitution because it does not address the ground for disqualification contained in article 106(3) of the constitution. Therefore, there is no basis for the contention that the petition discloses no constitutional issue or alleged breach of the Constitution,” he stated.
Mr Sangwa urged the court to dismiss Mr Mosho’s motion for lack of merit.
