ConCourt dismisses Mwambwa’s preliminary objection in LAZ petition

 By CHIKUMBI KATEBE

THE Constitutional Court has dismissed acting Auditor General Ron Mwambwa’s preliminary application in a matter where the Law Association of Zambia is challenging his appointment, ruling that the petition was properly commenced before the court.

In a ruling delivered by ConCourt Justices Margaret Munalula, Arnold Shilimi, Mathew Chisunka, Mudford Mwandenga and Mary Kawimbe, the court held that the petition raised allegations of constitutional violations and must therefore proceed by way of petition, as provided under Article 128(3) of the Constitution.

Mr Mwambwa had moved the court by notice of motion filed on April 9, 2026, seeking to raise preliminary issues on points of law, the application brought under Order 14A of the Rules of the Supreme Court of England, 1965, 1999 edition, commonly known as the White Book, as read with Order IV Rule 2(1)(a) of the Constitutional Court Rules, Statutory Instrument No. 37 of 2016, which has since been revoked.

He asked the court to determine, among other issues, whether a matter relating to the President’s exercise of appointment powers should be commenced by petition, whether LAZ had properly moved the court, whether the appointment of the Auditor General and members of the State Audit Commission constituted matters relating to the President.

Mr Mwambwa also sought whether the Concourt had jurisdiction to hear a matter allegedly commenced contrary to court rules.

However, the five judges found that the petition was properly before the court

The judges explained that Article 128(3) of the Constitution provides that where a person alleges a contravention of the Constitution, the proper mode of commencement should commence by petition.

They noted that Article 128(3)(b) applied where a person alleged that an act, measure or decision taken under law contravenes the Constitution, while Article 128(3)(c) applied where an act, measure or decision by a person or authority was alleged to contravene the Constitution.

“In both situations, the applicable mode of commencement is a petition,” the court said.

The court also relied on its earlier decision in Kabisa Ngwira v National Pension Scheme Authority, where it held that all matters alleging breach, violation or contravention of constitutional provisions must be commenced before the Constitutional Court by petition.