…courts do not have the power to stop a Bill due to the principle of separation of powers and parliamentary privileges…
The Editor Zambia
The decision by the LCK Freedom Foundation, together with Chapter One Foundation, to file a lawsuit in an attempt to stop parliament from debating and enacting 74 bills in the National Assembly is an academic exercise and an abuse of the court process. 
The separation of powers doctrine divides governmental authority into three distinct branches, that is, Legislative (making laws), Executive (enforces laws) and the Judiciary (interprets laws), preventing power concentration and tyranny.
Historically, over the years, the courts have repeatedly ruled on this separation of powers – that it lacks the jurisdiction to interfere with the internal affairs of the legislature while a bill is still being processed.
Similarly, presiding officers of the national assembly have ruled that courts or any other external body has no authority to halt a legislative process once it has been initiated in the National Assembly.
We understand that civil society organisations have to impress their paymasters by continuously pushing a specific agenda to guarantee funding.
Many Zambians are of the considered view that lawyers are learned people and should be the best to guide the national on legal matters, but the case at hand indicates otherwise.
Zambia is a democracy with a written constitution which has a doctrine of separation of powers, explicitly stated in the distinction of the three branches of government.
It is expected that Linda Kasonde and Josiah Kalala understands this basic civic education grade 10 topic on the constitution. It is a basic constitution principal.
The separation of powers doctrine divides governmental authority into three distinct branches, that is, Legislative to make laws, Executive to enforces laws and the Judiciary to interpret laws.
Analysts say expecting the judiciary to halt the legislative exercise is an exercise inutility and will not yield any results.
With this said, the judiciary cannot stop the legislature from executing its constitutional mandate. The mere fact that the bills may be rushed does not make the process illegal.
A legal expert explains that it is doubtful that the court will interfere with the legislative process prior to the enactment of legislation.
The expert says judiciaries, in respect of the doctrine of separation of powers, let other branches perform their role without interference and wait to see if the requisite safeguards within the legislative process will hold.
More legal experts have argued that, although the courts have a role to enforce constitutional norms, this does not amount to directing the other branches how they should perform their functions.
Just like the way the other two branches, the executive and legislative, cannot intervene with the judiciary and dictate how judges should make judicial decisions.
The legislature is responsible for making laws and the judiciary responsible for interpreting them.
The constitutional Court’s role is to act as a check on the other branches, not to interfere in the legislative process, which is governed by internal parliamentary regulations.
The independence of parliament is guaranteed by the Constitution. This limits the judiciary’s involvement in the political process and ensures that the Court only rules on actual legal disputes that have been brought before it.
The doctrine is aimed at preventing any one branch from taking over another’s duties. Each branch has separate powers and is generally not allowed to exercise the powers of the other branches.
Precedence, on June 23, 2020, Speaker of the National Assembly Patrick Matibini ruled that courts cannot supervise Parliament.
Justice Matibini said it was not the duty of the Constitutional Court to act in a supervisory character over the legislature, which has the exclusive cognisance to decide on its affairs.
Delivering a ruling on a matter former Roan Member of Parliament Chishimba Kambwili dragged the Speaker to court over his decision to declare the seat vacant, Speaker Matibini said he had powers to interpret the Constitution in the execution of his duties as presiding officer of the legislature.
The Bills being passed are 74, and half of them are five pages, just improving board representation.
At law, Parliament is charged with the responsibility of making laws. The process is also clear on how that happens. If we are focusing on the number of Bills and not the process to get to the third reading, it’s a fishing expedition.
