The State has argued that a matter in which Tonse Alliance Secretary-General, Celestine Mukandila, is seeking leave for judicial review over the cancellation of his National Registration Card (NRC) and passport is incompetently before the Lusaka High Court.
Attorney General Mulilo Kabesha has submitted that Mukandila should have first appealed against the decision to the relevant Minister or Permanent Secretary before approaching the court.
The State argued that although the High Court has unlimited original jurisdiction in civil and criminal matters, this does not allow litigants to bypass procedures prescribed by law.
It contended that Mukandila cannot use judicial review as a shortcut to avoid the statutory appeal process without demonstrating exceptional circumstances warranting such an approach.
The State has therefore urged the court to dismiss the application with costs.
However, Mukandila, a legal practitioner, is seeking leave to challenge Government Gazette Notice No. 1418 of 2026, dated September 2, through which the Ministry of Home Affairs and Internal Security cancelled his NRC and Zambian passport over alleged fraud, false declaration or misrepresentation.
In his application, Mukandila argued that he was a Zambian citizen by descent through his Zambian mother, despite having been born in the Democratic Republic of Congo.
He contended that his citizenship had previously been recognised by the National Registration Office in 2017 and the Zambian Consulate General in Lubumbashi in 1999.
Mukandila further argued that the cancellation was unlawful because he was not given prior notice, a hearing or written reasons for the decision.
He maintains that the National Registration Act, Chapter 126 of the Laws of Zambia, does not empower any officer or authority to administratively cancel an NRC through a Gazette notice.
He is asking the court to grant him leave to commence judicial review proceedings and stay the operation of the Gazette notice pending determination of the matter.
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