Judgment on whether or not the Kabushi and Kwacha parliamentary by-elections can be held outside the 90 days Constitution’s limit, has been withheld until further notice.
The judgment in the matter which was earlier scheduled to be handed down has been withheld following the Constitutional Court’s verdict to join the Attorney General Mulilo Kabesha to the proceedings.
The application for the Attorney General to join the proceedings as an intervener was submitted by Solicitor General Marshall Muchende.
This implies that judgment in the matter will only be handed down after the determination of the Attorney General’s arguments before the Constitutional Court.
The litigants in the matter are Green Party President Peter Sinkamba and Governance Activist Isaac Mwanza.
Mr Sinkamba and Mr Mwanza have submitted before the Constitutional Court that failure to hold the Kabushi and Kwacha parliamentary by-elections within 90 days after the nullification of the election results would amount into the breach of the Constitution.
But Electoral Commission of Zambia -ECZ lawyer THERESA PHIRI has submitted that the ECZ has been restrained from conducting the by-elections in question due to the High Court injunction.
The injunction has been obtained by former Kwacha Member of Parliament Joseph Malanji and former Kabushi MP Bowman Lusambo.