Power and Politics

Judge gives nod for two opposing civil society consortiums to lock horns in court in case challenging legality of Bill No. 7

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The Consortium of Civil Society Organisations on Governance has been joined to the case in which the Oasis Forum is challenging the legality of Bill No. 7, following a ruling by Constitutional Court Judge Maria Kawimbe.

The consortium, now the first interested party, comprises the Action Institute for Policy Analysis Center (AIPAC), the Zambian Civil Liberties Union (ZCLU), SACCORD, GEARS Initiative, Centre for Peace, Research and Advocacy, Measures of Justice and Democracy Foundation (MJDF), Community Action Against Political Violence (CAAPOV), and the Anti-Political Violence Association of Zambia.

In the same ruling, Judge Kawimbe also joined Eric Sakala as the second interested party.

The petition was filed by the Law Association of Zambia (LAZ), the Non-Governmental Gender Organisations Coordinating Council (NGOCC), three church mother bodies—the Evangelical Fellowship of Zambia, the Council of Churches in Zambia, and the Zambia Conference of Catholic Bishops—along with the LCK Freedom Foundation under the Oasis Forum.

The petitioners are seeking to nullify all acts and documents generated by the recently appointed Technical Committee, arguing that its establishment violates constitutional standards.

They contend that President Hakainde Hichilema’s unilateral appointment of the 25-member Technical Committee on October 2, 2025, lacked constitutional or statutory backing, was not supported by a gazetted legal instrument, and contravened principles outlined in the Munir Zulu judgment.

During the joinder proceedings, a preliminary objection was raised, alleging that the consortium had appeared before the court improperly as a corporate entity.

However, Judge Kawimbe dismissed the objection, stating that neither the Constitution nor the Constitutional Court Act requires any person or corporate body to appear through counsel or to seek permission before appearing in person.

“A person can appear in person before this court, and where they wish to appear through advocates, they are equally entitled to do so. The issue is therefore misplaced,” she ruled.

Read More: Constitutional Court rejects bid by Oasis Forum to halt constitution amendment process

Judge Kawimbe found that the consortium demonstrated a sufficient legal interest in the matter, noting that its members had played a role in what they described as a people-driven constitutional amendment process.

The group argued that citizens who participated had a legitimate expectation that the process would culminate in meaningful constitutional reform.

“Their interest is not abstract nor speculative,” Judge Kawimbe said. “Their affidavits disclose an identifiable legal stake in the proceedings, coupled with an interest in the success or failure of the litigation.”

She added that their participation would assist the court by bringing in “perspectives necessary for the proper and effectual determination of the issues in controversy.”

Judge Kawimbe accordingly exercised her discretion to allow the joinder of both intended parties.

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