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Bill 10 Debate: Court to Nullify Its Own Orders

By annastaziamutale • 7 days ago • 2766 views • 1000 comments
Bill 10 Debate: Court to Nullify Its Own Orders



Courts sometimes overturn their judgements. I suppose this is the reason that Honorables Jack Mwiimbu and Cornelius Mweetwa have vowed that following the meeting of the Standing Orders Committee that they will take the decision to the Courts if Bill Ten is re-tabled in this Parliamentary sitting.

I imagine that the two Members of Parliament had an exchange along the following lines and Cornelius is only publicly vowing to go to Court on the insistence of his superior.

After the deferment of Bill Ten was not objected to following the Standing Orders meeting extending the life of Bill Ten, Cornelius excitedly asked Jack, “Boss what was the Standing Orders meeting you had before today’s sitting about?”

Jack revealed, “They said that they wanted to extend the life of Bill 10.”

Cornelius pressed on, ” What do you mean extend its life?”

Jack proffered, “There is a provision in the Parliamentary handbook which says that Bills should be completed within six months.”

Cornelius inquired, “But Senior Counsel, who made the Order to begin with?”

Jack with a hint of irritation retorted, “Young man you are also a lawyer, obviously it is the Standing Orders Committee as their function is to examine matters pertaining to the variation of parliamentary procedure, customs and traditions.”

Wide eyed Cornelius asked, “Are you sure Parliament can Constitutionally make its own procedure?”

Rolling his eyes back Jack tutored Cornelius, “Have you not read Article 77 of the Constitution?”

Embarrassed Cornelius answered, “of course I have read it…… but please remind me, …… what does it says?”

looking at Cornelius incredulously, Jack stated, ” I know Article 77. (1) off by heart and any lawyer worth his salt should also memories it. Article 77 (1) of the Constitution says, ‘Subject to this Article and Article 78, the National Assembly shall regulate its own procedure and make Standing Orders for the conduct of its business.’. Everybody knows this!”

To make sure he understood Cornelius asked, “So, if it wants, the National Assembly can use Article 77 in regulating its procedures to suspend anything in the Parliamentary Handbook or any Standing Order?”

Shaking his head Jack answered exasperatedly “Yeees.”

Enlightened Cornelius mused, “Just like we often do when we say we are suspending Standing Orders?”

Jack with a triumphal sense answered sarcastically, “Riiight!”

As soon as Jack gave this answer something he could not quite lay his finger on was tingling at the back of his brain and left him unsettled.

As a light bulb started to flicker in Cornelius’ head he asked, “so you participated in the meeting called to extend the life of Bill Ten?”

An irritated Jack blurted back, “YES I PARTICIPATED! SO WHAT !!?”

Cornelius seized on the opportunity to roll back his eyes as Jack had done to him earlier and disdainfully said, “By participating you waived your right to object to the jurisdiction of the Standing Orders Committee on the matter. I just hope you did not vote.”

With lessening confidence Jack volunteered, ” I voted against but the majority agreed and voted for. What was I to do?”

Cornelius staring disbelievingly at Jack exclaimed, “You should have used the UPND final solution!”

A very unsure Jack asked, “What? What ….. what do you mean our ‘final Solution’ ?”

Mimicking the irritated tone Jack had used on him Cornelius retorted back, “Our leaders have given standing instructions that if it looks like a democratic vote will go against us we must not participate but we should use the Final Solution and walk out! Now what shall we do?”

Tentatively Jack said without much conviction, “Inspite of our having unanimously agreed to have the Bill Ten second reading debate deferred when the matter came before the entire House, we can take the matter to Court. Even if we do not win the case we would have tied up the matter in Court hopefully until the next election.”

Cornelius asked, “And what will we be asking the Court to say?”

You could almost hear his brain ticking as Jack took a few seconds putting together the question they would ask the court to resolve and finally offered, “We would ask them to rule that it is unreasonable for any body to suspend any Order or Rule on the basis that the Covid 19 has brought about an unforeseen disruption to the normal way of doing things.”

With renewed confidence Jack excitedly added, “We would ask the Court to censure the Speaker and Standing Orders Committee and declare that anybody suspending Orders or Rules on the basis of Covid 19 is not only wrong but is also extremely unreasonable, ignorant, ridiculous, absurd, irrational, irresponsible and even perverse!”

Cornelius with a very condescending tone responded, “Under Article 18 of the Constitution of Zambia which deals with the Protection of the Law in sub Articles (10) and (11) provides that Court proceedings will be open to the public. It also says that those facing criminal charges must be brought before court every fourteen days if they are in custody and all judgements and Rulings must be delivered in open Court.”

Jack clearly perplexed responded, “Of course I know what the Constitution says. What is the relevance of that?”

Cornelius with a genuine sense of disbelief slowly and deliberately informed Jack, “The Courts have since March this year released several memorandum on precautionary measures on the Corona Virus suspending some of the provisions in Article 18 including not allowing the public to attend Court hearings!”

Jack in an unsure tone ventured, “We don’t need our cadres to come and hear the case and so it’s okay even though the Courts have made those new regulations. What’s your problem?”

Even as Jack asked this he got a sense of an unsettling premonition overcoming him.

Cornelius with a look of extreme frustration and horror exclaimed, “If you take the extension of Bill Ten debate to Court and ask the questions you mentioned for the Court to declare that anybody suspending Orders or Rules on the basis of Covid 19 is not only wrong but is also extremely unreasonable, ignorant, ridiculous, absurd, irrational, irresponsible and even perverse , you will in effect task the Court to nullify its own Orders!”

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1000 Replies | Last update 6 days ago | Last comment

  • »
     
    7 days ago

    Zambian people 

  • »
     
    7 days ago

    I imagine that the two Members of Parliament had an exchange along the following lines and Cornelius is only publicly vowing to go to Court on the insistence of his superior

  • »
     
    7 days ago

    no to bill 10

  • »
     
    7 days ago

    Oh well thank you so very much for sharing this

  • »
     
    7 days ago

    Thank you for sharing. 

  • »
     
    7 days ago

    Interesting

  • »
     
    7 days ago

    Why should a bill be hard to be passed into law if it ain't got some catchy content. 

  • »
     
    7 days ago

    Thanks for the information

  • »
     
    7 days ago

    Following

  • »
     
    7 days ago

    Tired of bill 10

  • »
     
    7 days ago

    noted

  • »
     
    7 days ago

    Following closely. Thank you for the update

  • »
     
    7 days ago

    Following this

  • »
     
    7 days ago

    Thanks for the update

  • »
     
    7 days ago

    Instead of concentrating on national development they're focusing on bill 10

  • »
     
    7 days ago

    Following

  • »
     
    7 days ago

    Bill Ten was not objected to following the Standing Orders meeting extending 

  • »
     
    7 days ago

    Wow

  • »
     
    7 days ago

    Interesting

  • »
     
    7 days ago

    Following

    Thanks for the update

  • »
     
    7 days ago

    Interesting 

  • »
     
    7 days ago

    I'm still buffled why our government is so adamant about this bill10.

  • »
     
    7 days ago

    Bill 10 is not needed please

  • »
     
    7 days ago

    This bill 10 thing is really complicated

  • »
     
    7 days ago

    Thanks for the information 

  • »
     
    7 days ago

    We say no to bill 10

     

  • »
     
    7 days ago

    Really interesting

  • »
     
    7 days ago

    Bill 10 everyday awe we are tired

  • »
     
    7 days ago

    Thanks for sharing

  • »
     
    7 days ago

    Thanks for the information

  • »
     
    7 days ago

    So political

  • »
     
    7 days ago

    Interesting

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    following

  • »
     
    7 days ago

    Following 

  • »
     
    6 days ago

    Following 

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    Interesting

  • »
     
    7 days ago

    Thanks for the information and keep sharing your information with us 

  • »
     
    7 days ago

    Thank you for the article

  • »
     
    6 days ago

    Thanks for the update.

  • »
     
    7 days ago

    This is very important information. Thanks for always updating us 

  • »
     
    7 days ago

    Bill 10 is evil it should not proceed. 

  • »
     
    7 days ago

    Thanks for the implementation 

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    Following

  • »
     
    7 days ago

    Following hoping for more update

  • »
     
    7 days ago

    Great move and thanks for sharing

  • »
     
    7 days ago

    Thank you for the update continue keeping us updated 

  • »
     
    7 days ago

    Thhey should just just nulify the bill all together

  • »
     
    7 days ago

    Ahhh bill 10 yavuta mwe 

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    Thank you for sharing this information keep sharing more information

  • »
     
    7 days ago

    Bill ten nayo

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    Thanks for the article am following closely... Keep us updated

  • »
     
    7 days ago

     

    Thank you for sharing this information keep sharing more information

  • »
     
    6 days ago

    Following 

  • »
     
    7 days ago

    Thank you so much for the information

  • »
     
    7 days ago

    Thanks for the information

  • »
     
    7 days ago

    Say no to bill 10

  • »
     
    7 days ago

    Bill 10 isn't suppose to pass

  • »
     
    7 days ago

    The issue of this bill should come to an end 

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    Following

  • »
     
    6 days ago

    I swear the Justice system in Zambia is pathetic.They don't even know what to do.Anyway thank you for sharing.

  • »
     
    7 days ago

    Wow

  • »
     
    7 days ago

    Thank you for the information shared and keeping us updated with what is happening in the country 

  • »
     
    7 days ago

    Following

  • »
     

    Very interesting information

  • »
     
    6 days ago

    Good debate right there

  • »
     
    7 days ago

    Following closely

  • »
     
    7 days ago

    Nice 

  • »
     
    7 days ago

    Thank you for the information 

  • »
     
    7 days ago

    It has to go away it shouldn't have been brought up in the first place and thank you for sharing this information very interesting and informative

  • »
     
    7 days ago

    Thanks for sharing with us

  • »
     
    7 days ago

    Following closely 

  • »
     
    7 days ago

    Let it jx be nullified mwe

  • »
     
    7 days ago

    Following 

  • »
     
    7 days ago

    Bill Ten was not objected to following the Standing Orders meeting extending  

  • »
     
    7 days ago

    That's what corruption can do

  • »
     
    7 days ago

    Thanks for the info

  • »
     
    7 days ago

    Very interesting, law with its tricks

  • »
     
    7 days ago

    Following closely 

  • »
     
    7 days ago

    Thank you for sharing

  • »
     
    7 days ago

    That's the best way

  • »
     

    Interesting thanks for the update

  • »
     
    7 days ago

    Thank you so much for the information that you have posted on this platform 

  • »
     
    7 days ago

    Court nulifying its own orderssound like it never knew what it was doing in th

  • »
     
    7 days ago

    Bill 10 has been debated for a long time now 

  • »
     
    7 days ago

    Following

  • »
     
    7 days ago

    How will bill ten help us

  • »
     
    7 days ago

    Following, thank you for the update

  • »
     
    7 days ago
     

    Thanks for the update

  • »
     
    7 days ago

    This issue is still on

  • »
     
    7 days ago

    Say no to bill 10

  • »
     
    7 days ago

    Thanks for sharing

  • »
     
    7 days ago

    What an interesting and well articulated and  balanced article,thank you for sharing this piece of information

  • »
     
    7 days ago

    This is so shocking... I hope it does not go through... 

  • »
     
    7 days ago

    After the deferment of Bill Ten was not objected to following the Standing Orders meeting extending the life of Bill Ten, Cornelius excitedly asked Jack, “Boss what was the Standing Orders meeting you had before today’s sitting about?”

  • »
     
    7 days ago

    Thanks for sharing.i hope Bill 10 won't pass

  • »
     
    7 days ago

    Thanks for the update 

  • »
     
    7 days ago

    Amending bill 10 shouldnt even be a debate. I guess thats what we get for having selfish leaders 

  • »
     
    7 days ago

    Interesting

  • »
     
    7 days ago

    Following closely

  • »
     
    6 days ago

    Interesting update

  • »
     
    6 days ago

    The pf's desperation to hold on to this bill shows that the are panicking as the know there time is over and the are simply useless

  • »
     
    7 days ago

    Following thanks

  • »
     
    7 days ago

    Following...

  • »
     
    7 days ago

    No to bill 10

  • »
     
    7 days ago

    Informative

  • »
     
    7 days ago

    Following

  • »
     
    7 days ago

    Following closely thanks for the update 

  • »
     
    7 days ago

    Ok

  • »
     
    7 days ago

    Following

  • »
     
    7 days ago

    Lol

    This is really sad

    Like for real...they really want that bill to go through

  • »
     
    7 days ago

    Following

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