CONCOURT HAS NO POWER CONFERRED ON IT EXPLICITLY TO REVIEW OR REVERSE ITS DECISIONS
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The Constitutional Court has no power conferred upon it by the people, pursuant to Article 5 of the Constitution of Zambia 2016, unless the people unless a referendum is held to determine whether to confer such power to it.
This being the case, since the Concourt has in four previous matters determined that ECL is eligible, that position is the only constitutionally recognized decision. Any decision to the contrary would be unconstitutional, illegal, null and void.
So, whatever drama is happening in the ongoing ECL eligibility is just merely academic and an exercise in futility.
Unlike the Constitutional Court, the Supreme Court is conferred with the power to review or reverse its decisions by virtue of 125(3). The Supreme Court is bound by its decisions, except in interest of justice and development of jurisprudence.
The reason why the Constitutional Court was not conferred with the power to review or reverse its decision is simple: it is vested to make final decisions on presidential elections.
Imagine of a situation where after a presidential election petition one candidate is declared by the court as a winner. Three weeks later, another losing candidate or person files another petition. It gets decided by the court, and another person is declared a winner. One year later, another person files and it gets heard and another person is declared a winner.
What sort of a banana republic shall we have?
