By 
Former Katuba Member of Parliament, Bampi Kapalasa, has withdrawn a petition in which he sought to nullify the appointments of all Constitutional Court judges, except for Justice Margaret Munalula.
Kapalasa had argued that the other seven judges did not meet the qualifications prescribed under the Constitution and were therefore unfit to hold office.
According to a consent order filed before the Constitutional Court, Kapalasa agreed to discontinue the matter.
A seven-member panel of the Court, including Justice Munalula, endorsed the withdrawal.
“It is hereby agreed and adjudged as follows: That this matter be and is hereby withdrawn and discontinued,” the order read.
In the petition filed last year, Kapalasa contended that the judges—apart from the Court President—did not meet the requirements of Article 141(b) and 141(2) of the Constitution of Zambia, as amended by Act No. 2 of 2016.
He alleged that the judges lacked specialised training or experience in constitutional law or human rights, and did not hold Master’s degrees in those areas.
Kapalasa further argued that the Constitutional Court’s jurisdiction was limited to interpreting provisions of the Constitution and not any other legislation or repealed constitutional texts.
Based on these claims, he sought several declarations and orders, including the nullification of the judges’ appointments, their removal from office, and the reversal of all decisions they had delivered.
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