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Politics

HIGH COURT THROWS OUT NGO’S APPLICATION AGAINST 77 BILLS

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The High Court has dismissed an urgent application by LCK Freedom Foundation and Chapter One Foundation which was filed yesterday, seeking to halt Parliament’s move to process 77 Bills before the dissolution of Parliament on May 15, 2026.

The two organisations had sued the Attorney General, the National Assembly and the Clerk of the National Assembly, arguing that the suspension of parliamentary Standing Orders to fast-track the Bills violated Article 89 of the Constitution which guarantees public participation in the legislative process.

The applicants told the court that processing the Bills within one week would deny citizens, civil society organisations and stakeholders a meaningful opportunity to study and make submissions on the proposed laws.

They further argued that suspending Standing Orders removed safeguards such as committee scrutiny, public hearings and deliberative debate, making the process unconstitutional, irrational and procedurally unfair.

The organisations also sought an interim order to stop Parliament from tabling, processing or transmitting the Bills for presidential assent pending determination of the matter.

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But in a ruling delivered today, High Court Judge Justice L. Mwale held that the issues raised by the applicants relate to constitutional interpretation and enforcement, matters which fall under the exclusive jurisdiction of the Constitutional Court.

The Judge ruled that the High Court could not determine questions requiring interpretation of Article 89 of the Constitution and concluded that the application was not fit for further investigation before the High Court.

The matter was consequently dismissed for want of jurisdiction.

By Josphat Hamakala

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