Zambian lawyers seek injunction to halt further legislative proceedings on Bill 7 after Constitutional court ruling

The Law Association of Zambia (LAZ) has applied for an interim injunction in the Constitutional Court to halt all legislative processes in the National Assembly related to the Constitution of Zambia (Amendment) Bill No. 7 of 2025.

In an ex parte motion filed on July 21, LAZ is seeking a stay on all proceedings, including committee stage deliberations, second and third readings, and any associated actions, until the court determines Petition No. 2025/CCZ/0015, which challenges the constitutionality of the Bill and the Speaker’s decision to allow its progression.

The association has cited Speaker of the National Assembly Nelly Mutti as the respondent, accusing her of breaching the Constitution by permitting the continuation of legislative proceedings despite a binding Constitutional Court judgment issued on June 27, 2025, which LAZ says rendered the process unconstitutional.

LAZ, represented by Simeza Sangwa & Associates, is also seeking an order restraining the Speaker, her agents, officers, or anyone acting on her behalf from undertaking or facilitating any further actions on the Bill until the petition is fully heard and determined.

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In its grounds of application, LAZ argues that allowing the Bill to proceed undermines the supremacy of the Constitution and disrespects the authority of the judiciary. The association contends that the petition raises serious constitutional questions that warrant a full hearing.

It further submits that failure to halt the proceedings would cause irreparable harm, including the erosion of democratic participation, damage to public confidence in the constitutional order, and the undermining of the rule of law ,is harms it says cannot be remedied through compensation.

“The balance of convenience,” the application states, “favours preserving the status quo to prevent further constitutional violations, as the potential harm to the petitioner and the public outweighs any temporary inconvenience to the respondent.”

LAZ argues that the public interest requires strict adherence to judicial decisions and constitutional procedures, especially where the integrity of participatory democracy is at stake.

It invoked Articles 1, 2, 5, 79, 128, and 267 of the Constitution, alongside Order IV of the Constitutional Court Rules, as the legal basis for the relief sought.

The association contended that the Constitutional Court had exclusive jurisdiction over constitutional matters and must act to protect the supremacy of the Constitution.

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