The Law Association of Zambia says the statement by the judiciary that candidates whose election has been nullified by the courts of law are ineligible stand is a nullity as it lacks the force of the law.
LAZ president James Banda said it was strange that the judiciary had chosen to communicate a monumental pronouncement through a non judicial officer.
“LAZ takes the view that the said Press Statement by the Judiciary and the interpretations in the said Press Statements are not at all binding as they lack the force of the law which is characteristic in a Judgment,” Banda said in a statement.
He said LAZ was deeply concerned that the judiciary had elected to appoint a junior officer to make a huge decision.
“To start with LAZ is deeply concerned that the Judiciary has elected to interpret the law on such a serious national issue through a press release by a person other than a qualified Judicial Officer.”
He stated, “The role of the Judiciary is to interpret the law through its Judgments and rulings delivered at a properly constituted tribunal as provided for by the law. Accordingly it is unacceptable for the Public Relations Officer to issue a statement on a matter which may well end up in Court for determination and/or interpretation of their Lordships and Ladyships.”
Banda said some of the issues contained in the statement may be subject legal challenges.
“The Statement by Mr. Musonda that the Supreme Court is not required to render a report under the Electoral Act is a matter which should have been left for a suitable judicial pronouncement or Judgment as it has serious implications and repercussions. This is so because the Electoral Act contains mandatory provisions prescribing the criterion for rendering reports to the Electoral Commission. Furthermore, the High Court and the Supreme Court are superior Courts of our Judicature,” he stated.
“They are required to be moved by some known process before setting out to make determinations or pronouncements like the one attributed to Mr Musonda. Even where these superior Courts choose to make pronouncements on their own motion, the expectation is that the Courts will do so while sitting in their capacity as Courts of record.”
The PF aligned Post Newspaper led with a screaming headline that, “Mtolo loses seat” on account of their misleadingly interpreting the statement.
As a result of the judiciary statement three nominations for three of four by-elections have been halted by the Electoral Commission of Zambia as they try to stead their ship that has been rocked by the sabotage caused by the judiciary.
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