Power and Politics

Ex-MP, Kapalasa, files petition seeking removal of constitutional court judges

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Former Katuba Member of Parliament, Bampi Kapalasa, has filed a petition in the Constitutional Court seeking the removal of all its judges, excluding the Judge President, over alleged lack of qualifications required by the Zambian Constitution.

In his petition, Kapalasa argued that the judges failed to meet the constitutional mandate outlined in Articles 141(1)(b) and 141(2), which require judges to have specialized training or experience in human rights and constitutional law.

He has requested that their appointments be nullified and that an order be issued for them to vacate their offices.

Kapalasa is also calling for the reversal of all judgments delivered by the affected judges, claiming their lack of qualifications rendered their decisions invalid.

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The petition highlights that, as per the Constitution of Zambia (Amendment) Act No. 2 of 2016, judges of the Constitutional Court must hold relevant qualifications, including a master’s degree in human rights or constitutional law.

Kapalasa contended that the judges, excluding the Judge President, do not meet these requirements, compromising the integrity of the court and its decisions.

The Attorney General has been cited as the respondent in the case.

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