The Constitutional Court has ruled that Minister of Finance Margaret Mwanakatwe will maintain her parliamentary seat pending the court process.
This follows the Court’s decision to throw out an application by the UPND for the court to dismiss Mrs. Mwanakatwe’s appeal on grounds that it was defective.
Had the court passed the decision in favour of UPND Lusaka Central candidate Charlotte Scott, Mrs. Mwanakatwe would have lost her seat.
When the matter came up Constitutional Court Judge Annie Sitali dismissed an application saying even if the appeal was defective the court cannot dismiss it because the alleged defects can be corrected.
Justice Sitali further ordered Mrs. Mwanakatwe to withdraw her court record and file another one within fourteen days.
She guided that the court cannot dismiss an appeal merely because the appellant has failed to comply with regulatory and directional procedures.
Meanwhile Dr. Scot suffered another setback after the constitutional court refused to entertain her argument that Mrs. Mwanakatwe should vacate her seat pending trial.
Dr. Scot had argued that Mrs. Mwanakatwe should vacate her seat because an appeal to the constitutional court is not a stay of execution of the High court decision that nullified the Lusaka Central parliamentary seat.
Speaking when she delivered the ruling judge Sitali said Dr. Scot used a wrong method when inviting the court to look at her concerns.
Mrs. Mwanakatwe was accompanied to court by PF secretary General Davies Mwila, Munali Member of Parliament Nkandu Luo, Copperbelt Minister Japhen Mwakalombe and Lusaka Province Minister Bowman Lusambo.