Power and Politics

Constitutional court reluctantly allows Zulu to withdraw petition against Bill No. 7

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The Constitutional Court has reluctantly allowed Lusaka lawyer Makebi Zulu to withdraw his petition challenging Bill No. 7 of 2025, after both parties consented to discontinue the matter.

Zulu filed the petition on December 5, 2025, arguing that the Government’s decision to revive the constitutional amendment bill was unconstitutional, violated the rule of law, and defied the Court’s earlier landmark ruling in Munir Zulu & Celestine Mukandila v Attorney General.

He had also questioned the legitimacy of the public consultation process conducted by the Technical Committee on Constitutional Amendments, alleging that the consultations were rushed, inadequate, and intended to create a false appearance of public participation.

When the matter came before a seven-member bench presided over by Constitutional Court President, Justice Margaret Munalula, the Court was informed that the petitioner intended to discontinue the proceedings and that a consent to that effect had already been filed.

The Court noted that because the matter had already been listed before the full bench, any application for discontinuance had to comply with Order 10 Rule 3 of the Constitutional Court Rules and be made before the full court.

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Advocate Chandwila Nyimbili initially informed the Court that his instructions were limited to notifying the bench of the petitioner’s intention to withdraw.

The Court, however, directed him to proceed orally in accordance with the rules.

State Counsel Mulilo Kabesha then took over the application and formally moved for discontinuance under Order 10 Rule 3, confirming that both parties had agreed that the matter should be withdrawn.

In a brief ruling, the Court stated that it had considered the application from both sides and — albeit reluctantly — granted the discontinuance.

The bench added that a detailed ruling outlining its reasons would be delivered at a later date.

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