By Brian Matambo – Lusaka, Zambia
The battle over Bill 7 returned to the Constitutional Court this week as lawyer Chris Mibenge, acting on behalf of Tonse Alliance Youth Chairperson Celestine Mukandila, applied for leave to commence committal proceedings against two senior government officials accused of disregarding the court’s judgment of 7 June.
Speaking outside court, Mibenge explained that the decision to file the application was based on the conduct of officials who continued to justify the controversial bill despite the court’s clear ruling.
“We are seeking leave so that the court can allow us to commence committal proceedings against the two named persons,” Mibenge said. “This application was made on behalf of Mr. Mukandila, who was also a petitioner in the matter. We will be back on Monday for a scheduling conference.”
Taking the floor, Celestine Mukandila emphasized that the Constitutional Court’s judgment must be respected by all branches of government.
“The Constitutional Court is the creation of our Constitution, from which all executive, judicial and legislative authority emanates,” Mukandila said. “The court clearly indicated that there were violations. We expected that the Speaker of the National Assembly would have immediately withdrawn the bill, and that the Minister of Justice would have respected the judgment. Instead, we saw continued statements justifying Bill 7. That is contemptuous.”
Mukandila added that every responsible citizen has a duty to uphold the authority of the Constitutional Court, warning that ignoring its rulings threatens Zambia’s democratic foundation.
Political commentator Ibrahim Mwamba placed the case in a wider context, commending civic organizations, lawyers and churches who have spoken against Bill 7.
“We appreciate the efforts of people like John Sangwa, the Law Association of Zambia, Chapter One Foundation and even the Church, who have shown courage,” Mwamba said. “This government has acted with hypocrisy. They cannot claim to defend the Constitution while at the same time disregarding the judgment of the Constitutional Court. The Speaker and the Minister of Justice ought to have complied with the order. To continue pushing the bill is a betrayal.”
Mwamba stressed that the case was bigger than any single court process, calling it a test of whether Zambia’s institutions would remain respected or be undermined by political expediency.
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