Court expected to render a ruling in Margaret Mwanakatwe case


The Constitutional Court is on Monday expected to render a ruling in the case where Minister of Finance Margaret Mwanakatwe has challenged the High Court’s decision to nullify her parliamentary seat.

In this matter, UPND losing Lusaka Central MP Charlotte Scott argued that Mrs. Mwanakatwe cannot remain in office as the case goes on because she did not apply for the stay of execution of the High Court decision.

Dr. Scott has further argued that the decision of the single judge that an appeal to the constitutional court is equivalent to application for a stay, is not correct.

She has further asked the court to dismiss Mrs. Mwanakatwe’s appeal because it is defective.

When the case comes up, the full bench of the court will either affirm or dismiss the position of the single judge.

Mrs. Mwanakatwe appealed to the constitutional court following the High Court’s decision to nullify her seat.


  1. Weak application of the rule of law and procedures! Appealing a ruling by a lower court to a higher one is by inference approved stay of execution!