Constitutional Court dismisses a petition filed by Brigadier General Godfrey Miyanda

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THE Constitutional Court has dismissed a petition filed by Brigadier General Godfrey Miyanda in which he sought the court’s interpretation of some provisions in the amended Constitution which he alleged were inconsistent and did not represent the interests of Zambians. Gen Miyanda, who is Heritage Party president, wanted the court to determine what he termed as breaches, inconsistencies, decisions or omissions contained in the 2016 amended Constitution.
In a judgment delivered on Friday by a bench of three judges headed by judge Annie Sitali, the court dismissed the petition but noted the case raised important constitutional arguments which were of great interest to the public. “We wish to point out that the petition raises fundamental questions such as, ‘Can a constitutional amendment be unconstitutional?’. To allege, as the petitioner has done, that a constitutional provision is unconstitutional is to impute incoherence and inconsistency,” she stated.

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