Hector Simfukwe-Speaker of the National Assembly PATRICK MATIBINI has dismissed a point of order which sought to halt the enactment of the Constitution Amendment Bill number 10 of 2019, pending court action.
In this matter Mazabuka Member of Parliament GARRY NKOMBO wanted the Speaker to halt proceedings because a citizen DIPAK PATEL had commenced court action regarding the contents of the Bill which borders on debt contraction.
But in his ruling, Dr MATIBINI said the Bill contains 76 clauses and that debate can NOT be stopped because of one clause which is being challenged in Court.
He said the House can only halt debate on a matter if it is substantially similar to that which is in court which is NOT the case in this matter.
Dr MATIBINI said it will be impossible for Parliament to operate if it waits for matters before the Court to be disposed off, as there are many cases that border on legislation.
He said Parliament is Supreme and Superior when it comes to the legislative process.
Dr. MATIBINI said even if he agrees with Mr. NKOMBO’s arguments the Constitutional Court has also stated that it does NOT have powers to impeach a Bill before parliament.
He said the court made this pronouncement in a matter were Law Association of Zambia -LAZ -wanted to halt the enactment of the Constitution Amendment Bill number 10 of 2019.
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