Oasis Forum moves to discontinue petition challenging Bill 7, operations of committee on constitution ammendment

The Oasis Forum has applied to discontinue its petition challenging Bill 7 and the operations of the Technical Committee on Constitutional Amendments, citing considerations of justice and judicial efficiency.

This development was communicated through an affidavit in support of a notice of motion for leave to discontinue the petition, filed before the Constitutional Court in the matter against the Attorney General and the Consortium of Civil Society Organisations on Governance.

The petition was jointly filed by the Law Association of Zambia (LAZ), the Non-Governmental Organisations’ Coordinating Council, the Evangelical Fellowship of Zambia, the Council of Churches in Zambia, the Zambia Conference of Catholic Bishops, and the LCK Freedom Foundation.

In the affidavit sworn by LCK Chambers legal practitioner Linda Kasonde, the petitioners explained that their decision followed internal consultations and a reassessment of the matter.

“After further consideration and upon instructions, the petitioners have elected not to proceed further with the petition,” Ms Kasonde stated.

She noted that the application was made pursuant to Order X Rule 3 of the Constitutional Court Rules and was both voluntary and bona fide.

“The decision to discontinue is voluntary, made in good faith and consistent with Order X Rule 3,” the affidavit reads.

The petitioners further assured the court that the move was not intended to confer any advantage on their part or disadvantage the respondents.

“The petitioners do not seek, by this application, to secure any procedural or substantive advantage,” Ms Kasonde said.

According to the affidavit, the respondents would suffer no prejudice from the withdrawal, particularly since the court had not rendered any final determination on the issues raised.

“No final determination has been made by this court, and the discontinuance of the petition will occasion no prejudice to the respondent,” the affidavit states.

Ms Kasonde added that the application was being made without conceding the substance of the case, and that the question of costs or further directions remained within the court’s discretion.

The petitioners had initially sought to nullify all processes conducted by the Technical Committee, arguing that the constitutional amendment process was flawed.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.