The court of Appeal has extended the stay of proceedings before the High Court in a matter in which Bowman Lusambo and Joseph Malanji are challenging the refusal of ECZ to reject their nomination for Kabushi and Kwacha by- elections.
In this matter, the State made an application before the Court of Appeal on grounds that the High court erred in law when it interpreted the constitution instead of referring the matter to the court of jurisdiction in line with Article 128(2) (b) of the constitution.
The State submitted that the petition by Mr. Lusambo and Mr. Malanji does not fit in article 52(4) of the constitution because it was a challenge against the rejection not nomination.
The respondents argued that the Lusaka High Court never interpreted the law and the State was prematurely before court because the High court is yet to deliver judgement in the matter.
However, the Court of Appeal found that the State had proved that there is reasonable prospects of success in the grounds for the appeal.
The court has since set 20th October as the main hearing of the Appeal which is fourteen days before the period for by elections in Kwacha and Kabushi can be held.
By Rhodah Mvula