THE Lusaka High Court has refused to grant PF secretary general Davies Chama leave to apply for judicial review in a matter where he sued the Electoral Commission of Zambia and the Attorney General for failure to announce the date for the Kasama Central by-election.
Ruling on Chama’s application to commence judicial review, judge Nicola Sharpe-Phiri ruled that the application was prematurely before the courts of law.
“I am of the view that this application is prematurely before the courts of law and therefore, not fit for further investigation. The application for leave to apply for judicial review is refused,” she stated.
Chama, in his application, wanted the court to compel the ECZ to announce the date for the Kasama Central by-election to be held before October 22, 2015.
Chama stated further that the commission’s actions had brought the country to the verge of a constitutional crisis and that it was a serious breach of the commission’s duties.
“It is for this reason that I seek this honourable court to grant me leave for judicial review in order for me to seek inter-alia an order of mandamus compelling the commission to announce a date for the by-election to be held before the expiry of the requisite 90-day period,” he added.
Chama warned that if the court did not grant him permission to commence judicial review, it would perpetuate an injustice and illegality that could cause a serious constitutional crisis.
On July 22, Speaker Dr Patrick Matibini declared the Kasama Central parliamentary seat vacant after Geoffrey Mwamba ‘crossed the floor’ by becoming UPND vice-president.