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Chris Shakafuswa and Isaac Mwanza back Concourt Decision on Councillors

Chris Shakafuswa and Isaac Mwanza back Concourt Decision on Councillors

June 24
11:40 2018

By Chris Shakafuswa – 1st Applicant and Isaac Mwanza – 2nd Applicant

Isaac Mwanza

Today, Zambia’s Constitutional Court made a landmark judgment that has disqualified all Deputy Mayors, Council Vice Chairpersons and elected councillors from contesting mayoral by elections – whether they resign their ward-based seats or not.

The decision is based on Parliament’s intention to avoid creating unnecessary vacancies and by elections in Councils. The Judgment was delivered by Judge Prof Munalula in the open court on 22nd June, 2018 from 16.30hours to about 17.30.

On behalf of Christopher Shakafuswa and on my own behalf, we welcome the sound decision of the Constitutional Court in straightening out the law.

We also want to commend the Constitutional Court for timely delivering the judgment before the nominations. The 5 Judges of the Court showed greater urgency and efficiency in delivering judgment and refusing the Court to be used for an academic exercise.


I want to thank most sincerely my best friend Edwin Mbewe II whom I am indebted for his commitment and knowledge in getting this moving from beginning to the end. Chipenzi McDonald, Peter Mpande and Mike M Sovi, we remain indebted for the authorities we used to argue this case and for your being there to share notes. We remain encouraged by you.

We also wish to thank J and M Advocates who represented Councillor Shakafuswa, Attorney General Likando Kalaluka and his team in the Chambers, the Electoral Commission of Zambia represented by Commission Secretary Bob Musenge for professional manner in which they presented their case.

We also want to thank all Councillors in Lusaka City Council and former councillor Maurice Phiri Piyo who endorsed the candidature of Chris Shakafuswa. In particular, Maurice Piyo and Sam Mazaka, you were with us to render support in court even as councillors themselves stayed away from hearing the matter that personally affects them. We say thank you.

Most sincerely, we thank the 5 ConCourt Judges for being thorough in the Judgment. The Court is now showing greater competence in disposing matters, especially when parties don’t delay matters themselves.

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