AS the Constitutional Court prepares to deliver its judgment on December 10 regarding former President Edgar Lungu’s eligibility for the 2021 and future elections, a separate legal challenge has emerged, with lawyer Joseph Chirwa filing a lawsuit against the State, Constitutional Court President, and Concourt Registrar in the Lusaka High Court for refusing to join him as a party to the petition.
Chirwa has applied for leave to institute judicial review proceedings against the State and the Constitutional Court for rejecting his application to join the eligibility proceedings, initiated by Michelo Chizombe, as a friend of the court.
He has filed a notice containing statement in support of an ex-parte application for an order for leave to move for judicial review.
Chirwa stated that the Constitutional Court Registrar on Sep 27, 2024 and Sept 30, refused to accept and file his application to join the ongoing court proceedings under cause 2023/CCZ/0021 as a friend of the court (amicus curiae) and to appear as such.
“The decision made by the third respondent to refuse to accept and file the applicant’s application to be joined to the matter under cause 2023/CCZ/0021, is illegal ,and an abuse of power. The law does not confer authority on the third respondent to refuse to accept documents prepared for filing,” Chirwa said.
“The decision is therefore substantively ultra vires. Further the illegality of the decision made by the Constitutional Court registrar is in excess of her statutory powers duty as the third respondent is not conferred with the authority to determine an application filed into court, as such is the preserve of the presiding Judge.”
The lawyer said the Constitutional Court registrar made the purported decisions to refuse to accept his court process without any reasonably good cause , and without according him procedural fairness of being heard as dictated by the basic rules of natural justice.
“My application was refused to be accepted and filed by the court registry staff at the Constitutional Court registry. The refusal was on instruction by the Constitutional Court registrar,” he said.
Chirwa stated that no valid reason was given to him as to why the documents could not be accepted and filed into court.
He contended that the registrar robbed him of the opportunity to present his application before the Constitutional Court, without giving him an opportunity to be heard or giving him reasons.
“The Constitutional Court registrar’s decision is illegal, unlawful, irrational and therefore null and void,”said Chirwa.
He is seeking an order of certiorari to quash the decision of the Constitutional Court Registrar to refuse to accept and file his application to join the ongoing eligibility proceedings as a friend of the court and to appear as such, as it is illegal, irrational, and procedurally improper.
Chirwa wants the Court to declare that the Constitutional Court Registrar does not possess the authority to refuse to accept and file applications made by a substantive or prospective litigant presented at the court registry.
By Mwaka Ndawa
Kalemba November 1, 2024.
