Busenga seeks redress from High Court over Concourt’s refusal to withdraw his Lungu 3rd term case

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Busenga seeks redress from High Court over Concourt’s refusal to withdraw his Lungu 3rd term cas

By Mwaka Ndawa

LUSAKA resident Joseph Busenga is now seeking redress in the Lusaka High Court over the Constitutional Court’s refusal to allow him and UPND Katuba member parliament Bampi Kapalasa to withdraw their petition in which they sought an interpretation on whether President Edgar Lungu can run for a third term in the August 12 elections.

Busenga is seeking an order that the Constitutional Court and other agents of the state infringed on his right to freedom of conscience guaranteed under Article 29 as read with provisions of Article 11 of the constitution when they forced him to litigate the matter against his own will.

Busenga, who has cited the Attorney General as the respondent, stated in his petition that the Court’s decision to force him to litigate a matter against his will infringes on his freedom of conscience as guaranteed in Article 29 of the Constitution as read with Article 12 of the constitution in relation to the protection of fundamental freedoms.

He said the refusal by the court to allow him discontinue his case seeking an interpretation on whether President Edgar Lungu can contest the August 12 elections after being sworn into office twice, violated his rights in line with Articles 11, 18 and 19 of the Constitution.

“In so far as the petitioner enjoys his rights as a citizen to either continue litigating the surviving part of the action seeking an interpretation on whether a member of parliament serving a suspended sentence can contest elections, his rights stand to be violated as long as the Constitutional Court enjoys the discretion to compel an applicant to litigate a matter,” said Busenga.

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