Tue, 06 Dec 2016 12:46:34 +0000 Judge Siavwapa misapprehended the law EDITOR, The recent refusal BY Judge Sivwapa”s refusal to stay of his own judgement brings issues on the fundamental tenets governing the disposal of petitions under the constitution. We saw conflict of jurisdiction between the original and Appellate jurisdiction of the High Court and Constitutional Court Respectively. It is important from the onset to cite the relevant provisions of Article 73 (4) of the constitution which states as quoted herein below; “A member whose election is petitioned shall hold the seat in the National Assembly pending determination of the election petition.” My humble interpretation of the decision to throw away the application for a stay by Mrs Mwanakatwe gives the meaning of the words, ‘pending determination of the election petition” as the petition proceedings may not include an Appeal before the constitutional court bench. Under section 28 (5) of Order 43 of the Rules […]
