The state has appealed the decision of the Lusaka High Court to put on hold the Kabushi and Kwacha parliamentary by-elections which were slated for tomorrow September 15, 2022.
Attorney General Mulilo Kabesha has confirmed the development.
Mr. Kabesha says the lower court touched on Constitutional matters to stay the election which does not fall under the realm of its jurisdiction.
On Tuesday, September 13, 2O22, three High Court judges namely Mwape Bowa, Sharon Newa and Catherine Phiri granted a plea by former PF Kwacha member of parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo to suspend the by-elections in the two constituencies pending determination of the matter in which they are challenging the decision of the Electoral Commission of Zambia to declare their nomination invalid.
The trio ruled that although the High Court does not have the authority to make a determination on constitutional matters, Article 52(4) of the constitution gives it the power to handle challenges relating to nominations in an election.
By Rhodah Mvula