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Lusaka lawyer, Miza Phiri Junior, has filed an originating summons in the Constitutional Court, seeking a review of its earlier ruling that Cabinet and Provincial Ministers illegally held office after the dissolution of Parliament.
Phiri Junior contends that the court failed to address Articles 29 and 30 of the Constitution, which empower the President to declare war or a state of emergency “at any time” in consultation with the Cabinet.
He argued that the Steven Katuka case, which led to the ruling, did not consider these provisions, leaving gaps in the interpretation of the cabinet’s role during a dissolved Parliament.
Citing the case of Michelo Chizombe v Edgar Chagwa Lungu and Others, Phiri Junior asserts that the Constitutional Court has the authority to revisit its decisions, particularly when relevant statutory provisions or precedents were overlooked.
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He has asked the court to clarify how Articles 29 and 30 apply during Parliament’s dissolution, especially regarding the President’s consultation with the Cabinet on declaring war or a state of emergency.
Phiri Junior also seeks a determination on whether the President must recall Parliament before consulting Cabinet on such critical matters.
Additionally, he is asking the court to provide guidance on the tenure of Cabinet and Provincial Ministers during Parliament’s dissolution, particularly in light of Articles 29, 30, 116(3)(e), and 117(2)(d).
He wants to know whether the Constitution permits them to remain in office under such circumstances.
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