A Lusaka-based lawyer wants the Constitutional Court to reopen a case in which former Patriotic Front (PF) cabinet and provincial ministers continued serving in their positions after the dissolution of parliament in 2016.
A matter has been filed with the court, seeking a re-examination of its earlier decision that cabinet and provincial ministers from the PF had unlawfully held office following the dissolution of parliament.
Lusaka-based lawyer Miza Phiri Jr. submitted the petition, arguing that the court’s initial ruling failed to adequately interpret key provisions of the republican constitution.
Phiri’s petition contends that the Constitutional Court neglected to provide clarity on Articles 29 and 30 of the Constitution.
These provisions grant the President the authority to declare war or a state of emergency “at any time,” but stipulate that such actions must be taken “in consultation with the cabinet.”
Phiri asserted that the court’s failure to address these provisions created uncertainty regarding the role of the cabinet during periods when Parliament is dissolved.
Phiri’s petition also invokes the court’s inherent power to revisit its previous decisions.
Citing the precedent established in the case of Michelo Chizombe v. Edgar Lungu and others, the lawyer argues that the Constitutional Court has the authority to re-examine its earlier ruling, particularly in instances where relevant statutory provisions or precedents were not adequately considered.
The petition poses several key questions for the Constitutional Court to address, such as whether the interpretation of “in consultation with cabinet, at any time” in Articles 29 and 30 of the Constitution applies during periods when Parliament is dissolved.
He seeks the court’s clear interpretation on whether the President must recall the dissolved Parliament before consulting the cabinet on matters related to declaring war or a state of emergency.
Phiri has also questioned whether MPs can lawfully remain in office during periods of Parliament’s dissolution, in accordance with Articles 29, 30, 116(3)(e), and 117(2)(d) of the Constitution.
In 2016, the Constitutional Court ordered former cabinet ministers, their deputies and provincial ministers to refund over K4.2 million which they received from the government after it ruled they illegally stayed in their positions following the dissolution of parliament.
