In this case, the Law Association of Zambia and UPND through its Secretary General Steven Katuka challenged the continued stay in office of ministers after the dissolution of Parliament. Mr Mwila, then justice minister Ngosa Simbyakula and 62 others were petitioned in their personal capacities.
The Constitutional Court will on June 5, 2018, hear an application in which PF Secretary General Davies Mwila asked the Court to set aside or reverse its ruling that Ministers who continued earning a salary after Parliament was dissolved in 2016 should pay back the money.
But in his application to set aside parts of the judgment of August 8, 2016, Mr Mwila on behalf of the others, said the decision by the court was improper, oppressive, unjust and contradicts the national values of human dignity and equality.
He said it was impossible to remedy the injuries suffered by him and the others if the court permitted them to pay back.
Mr Mwila contended that the application was not aimed at undermining the authority of the court but to afford him and others an opportunity to obtain a remedy for the injuries suffered through an action that was not their fault.
He argued that the state benefited from the services rendered to it by himself and the others during the period that they remained in office after Parliament was dissolved.
Mr Mwila argued that the decision was improper, unjust and contrary to Article 118 and the natural values and principals of human dignity, equality and non-discrimination outlined in Article 8 (d) of the constitution. He further stated that it was not their fault that they were subjected to such an unfair process.
Source: Zambian Observer