Referendum petition thrown out!

The Constitutional Court has thrown out a petition in which New Labour party president Fresher Siwale had sought the interpretation of the court on the legality of the 11^th August, 2016 referendum which was held alongside the 2016 general election.

Mr. Siwale filed the petition on 8th August, 2016 seeking the court’s determination whether the 2016 referendum meant to alter Article 79 of the Constitution, could in fact be held without a Bill to be voted on as required by Article 79 (3) of the constitution.

He also wanted to know whether the holding of the 2016 National referendum meant to alter part III and article 79 of the constitution of Zambia had complied with the provisions of the constitution.

Mr. Siwale further sought interpretation whether the provisions of the referendum Act, the regulations thereto and the Electoral Process Act as subsidiary legislation were complied with in holding the 2016 national referendum.

And delivering judgment in the matter today, Master of the Constitutional Court, Judge Mable Mwaba said the net result of the matter interpreted under Article 79 (3) of the constitution, reveals that the provisions of the constitution were complied with in holding the national referendum to the extent that the proposed bill was put to the people.

Judge Mwaba says despite irregularities in the use of the Referendum Regulations 2016, they did not negatively affect the outcome of the referendum.

She has further ruled that all parties involved in the matter will bear their own costs.