Concourt can interpret any provision of the constitution own its own motion- Sinkamba

Opposition Green Party President Peter Sinkamba says there is no provision in the Constitution of Zambia, Constitutional Court Act and Constitutional Court Rules which stops the Constitutional Court to interpret any provision of the Constitution own its own motion.

Briefing journalists in Kitwe this morning on the decision by the Constitutional Court to adjourn sine die following a complaint submitted to the Judicial Complaints Commission by some petitioners, the Green Party leader said the on-going acrimony over the eligibility of President Edgar Lungu to contest next elections is unnecessary.

He said that the acrimony can be brought to an abrupt end if the Constitutional Court decides to be proactive instead of being reactive.

“You see, there is no constitutional provision which bars the Constitutional Court to interpret any provision of the Constitution own its own motion. The only restriction in the Constitution is that this court cannot deal with matters that are related to the Bill of Rights. Such matters are in the meantime a preserve of the High Court and the Supreme Court.

“Also, when you look at the Constitutional Court Act and Constitutional Court Rules, neither of the two bars the Concourt to interpret the Constitution own its own motion.

“So this whole acrimony on the eligibility of President Lungu is really unwarrantedly dividing the nation for far too long,” he said.

He said that Article 122 (1) explicitly states that in the exercise of the judicial authority, the Judiciary shall be subject only to the Constitution and the law and not be subject to the control or direction of a person or an authority.

“In this regard, submissions from petitioners on the interpretation of the Constitution are merely complimentary. They are not an imperative. They are not a must at all. Whether or not petitioners make submissions on what they think is the interpretation of a particular provision of the constitution is neither here nor there. The interpretation of the Constitution is fundamentally a preserve of the Court itself. So what is the fuss about this whole hullabaloo?” he quipped.

He hopes that one of these fine days, the Concourt will come to this realization so as to assist the Nation move on and do other.

“We need quick closure to things that have potential to cause unnecessary acrimony in the Nation.

“There are so many other important things to do in this country. The earlier the Concourt came to this realisation the better for the nation” he said.

Asked whether the recusal of the Judge President Hilda Chibomba was a factor, the Green Party leader said that was not a factor at all.

“You see, the perceived bias of the Judge President is not a factor at all going by the current constitution of the Concourt. The Court currently has seven judges.  

“You see, Article 129 (3) of the Constitution provides that the full bench of the Constitutional Court should be constituted by an uneven number of not less than five judges. 

So, in this case, all the seven judges can agree to sit and constitute a full bench of seven judges. In that case, whether or not the Judge President is biased towards a particular opinion is immaterial because Concourt decisions are about numbers. The majority will always take the day,” the Green Party leader said.