Supreme Court hoax exposed

Government has back peddled on its earlier position to bar Dora Siliya, Maxwell Mwale and Hastings Sililo from contesting in the forthcoming by-elections saying the press statement from the Judiciary, the acting registrar of the High Court and the Electoral Commission of Zambia (ECZ) are not binding.

According to a notice to raise preliminary issues filed yesterday, Attorney General Mumba Malila is seeking to establish whether the application for judicial review is not in fact premature since legal challenges in electoral matters can only be brought after an election and also given that the no decision has been taken by any public body or officer to bar the applicants from filing in their nominations.

Mr. Malila wondered whether a press statement by a public relations officer of the judiciary, or the letter of the acting registrar of the High Court of judicature for Zambia together with the statement by ECZ constituted in law a decision assailable through judicial review.

“Whether the application for judicial review is not in fact premature since legal challenges in electoral matters can only be brought after an election and also given that no decision has been taken by any public body or officer to bar the applicants from filing in their nominations. Does press statements by public relations officer of the judiciary, and the letter of the acting registrar of the High Court of Judicature and a statement by ECZ referred to in the notice containing statement in Support of an Ex parte application for leave to apply for judicial review, constitute in law a decision assailable through judicial review?”

Mr. Malila also want t o know whether having regard to the fact that none of the applicants is specifically mentioned in the statements construed as decisions by the applicants, adding  that the court had the ratione materiae to proceed further to hear the matter.

He also wanted to know whether the judicial review proceedings Siliya, Mwale and Sililo have dragged them to court for are not misconceived and an abuse of court process since they were premised principally on the perceived non compliance with the provisions of sections 22 and 104 of the electoral Act.

“Which provisions do not apply to any of the public officers who took steps which are the subject of t he present grievance by the applicants. And subsequently whether any of the four accepted grounds for judicial review applies to the situation presented in the application?” Mr. Malila stated.

The matter has been adjourned to today.

And the Patriotic Front (PF) has applied to be parte to the proceedings in the matter.

Categorized | Home News

One Response to “Supreme Court hoax exposed”

  1. brezhnev says:

    He must go with fear nd favor 4 the sake of us the future leader

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