CHIEF government spokesperson Kennedy Sakeni says Attorney General Mumba Malila was not served the court order allowing the United Party for National Development (UPND) to hold a rally on time, hence the decision by police to cancel the public meeting set for last Sunday.
Mr Sakeni said police were not party to the court action and service on them was irregular.
“As a government, we fully support the impartial manner in which the police handled this matter,” Mr Sakeni said.
Mr Sakeni, who is also Minister of Information and Broadcasting Services, said the order in question was not served on the Attorney General Mumba Malila as the respondent on September 7, 2012 when it was made but instead it was served on the Zambia Police Service on Saturday September 8, 2012.
“As matters stand, the police were not party to the court action and service on them was irregular. The Attorney General was likewise not properly served in time for him to advise the police.
The whole service process was fraught with irregularities which made the observance of the order difficult,” Mr Sakeni said.
The minister said the UPND should have served the order on Mr Malila on a working day.
[pullquote]The order reads: “The court further directs that all decisions, proceedings now being challenged, including the decision to cancel the rally of the 9th September, 2012, be stayed until after hearing of the motion for judicial review herein or until further order and that the said rally go ahead.”[/pullquote]
Mr Sakeni said under the rules, service cannot be done on Sunday, Good Friday and Christmas day only, but also leaving a copy at the office of the Attorney-General on a Saturday afternoon or delivering a copy to the Attorney-General’s house after 21:00 hours on Saturday, is technically irregular.
“I wish to state that both the Attorney-General’s office and the Zambia Police respect any court order which is regular on the face of it, irrespective of whether they agree with the order or not. Such order must, however, be properly served on the right party and in the right manner,” Mr Sakeni said.
The minister also said since the matter is a judicial review, the police “should have been made party to the action because they made the decision and the order was directed at staying their decision.”
But LAZ president James Banda described the police action as a breach of law.
Mr Banda said LAZ is deeply concerned with police action which he described as intolerant.
“LAZ wishes to remind all stakeholders in the governance of our country, including the executive, that the right to freedom of assembly and freedom of association are inalienable and sacrosanct and that the same are guaranteed in the Bill of Rights as by the constitution,” Mr Banda said
He said every citizen has the legal duty to respect and implement the decisions of the courts, adding that the route taken by the police was wrong.
Police notified the UPND that they were unable to be at their rally due to a shortage of manpower.
The UPND went to court and obtained an ex parte order for leave to apply for judicial review on Friday.
The order reads: “The court further directs that all decisions, proceedings now being challenged, including the decision to cancel the rally of the 9th September, 2012, be stayed until after hearing of the motion for judicial review herein or until further order and that the said rally go ahead.”
[Daily Mail]
Number to comment. CNP.
:d
Sakeni en your stinking mouth did you at-least hear what LAZ said after you guys pa STATE HOUSE sent the cops whose job shamelessly require no thinking but follow orders. Someone has to be charged with contempt of court..
The PF has abused the police force recklessly..The worst thing right now is being a COP under the PF
Foolish and ***** sakeni. Waba icilomo kwati ni ngola.
LT why is this news, the world does not evolve around politics, How about the main headline we talk of and promote Zambians who are doing well abroad, well lets just say run a story along the headlines of, “Meet Mushota Chimfwembe” and then I get to be interviewed I share my successes, my education, fiancé families, people would rather know that than drooling everyday about political nonsensical merry go round that will NEVER inspire them This could inspire people to reach my potential
I am reading about Andy Murray our fellow Scot and has won the US open, to the little unwashed masses this is a greater feat than Zambia winning the Africa Cup.
I feel sorry for people with a complex like you. trying to act white when you very much zambian. am sure you have even fogotten how to speak bemba!! You can’t hate your origin and not end up hating yourself. You can’t have a positive attitude toward yourself and a negative attitude toward the place you come from. its a disgrace and shame to have people like you.
Mushota, you are in Glasgow but you can’t even have the courtesy of meeting the Zambia High Commissioner who came to visit Zambians in Scotland! Should have heard a lot there and ccould have met alot Zambians who were present. Try the formal interaction, you can learn as well.
The tennis open was open to the world to enter not just Africa, and you are not talking about it?
Please ! Murray has proved he is the BEST in the world NOT just Africa
Thanks
mudala i dont know if your mouth stinks as bad as sakenis or you r trully his sister. Who cares about Andy Murray anyways. Should we live with our problems and cheer Murray, or should we sort out this rubbish once and for all? My friend, anyone claiming to be more superior than others is not human, if you must know. So dont think because you live in a more developed part of the world makes you more human. ven whites suffer as much as blacks, at times even worse, Bitch!!!
Clear. Now reassure Rockyfeller that assegai and sword wielding ninjas have a new amnesty bin outside the state crib so he can pinky swear with all other parties that those trust baby accounts are not being used to hire toy soldiers. Then peace shall reign and we will all live happily ever after. The end :)
Upnd and democracy, keep on trying, who knows?
As a government, we fully support the impartial manner in which the court handled this matter,” Mr Sakeni said.
It is a shame for the state to act like that.First no manpower next alot of manpower that no more stones were available for the police to sit on.
Sakeni if you have nothing to say just shut your stinking beak. You annoy some of us.
I understand that Sakeni’s major qualification to be a Minister in Sata’s government is his mother tongue. Does anyone else know of any other reason why this Muppet is a Minister? Have these Pack of Fools come up with new legislation that don’t allow court papers to be served to anyone on a weekend? Primitive! Primitive! Primitive! These are the three operative words that describe these clowns!
Move on guys arrange for another rally mind you the Govt has a duty.I salute the Police HH does not mean well no matter what he knows Sata is heading for victory.Look at UK or USA both are happy with PF Govt
Upnd will never rule Zed, Unless Under 5-Hate Hate is replaced
Are you God?Actually its you who hate HH..i DONT blame you but CNP kind of ethinc leadership.
Never say Never my friend. That is what Mumbi told sata – he said “can you be president you, you can never!” I am sure you know that Sata is the President of Zambia today!!
Given the rate at which the PF are giving attention to UPND, it is very likely that HH’s sympathy vote is on the rise. He may not win the elections in 2016, but he will have very significant votes and if the constitution will be in place with the 50% + 1, the run off will be between HH and the PF candidate. So get ready.
Shame on you Pathetic Failures for alot of inconstences in the running of the government. Your bitterness & fear for HH has been exposed to every Zambians & even your blind followers can see how pathetic the current leadership is. Otherwise, HH is more realistic than your CNP. Indeed pf is a government of CNP. Viva HH you are my inspiration, your hardworking & character is just want Zambia needs.
This man Sakeni is ugly…..
How do you take the court order to the venue??It was suppose to be presented on time!!! lets be realistic…..These are not politics we Zambians need.HH will never rule……
@ #4 Mushota: ”
LT why is this news, the world does not evolve around politics…..” You are right, the world does not “evolve” around politics, but it does “revolve” around politics. Try to watch CNN, Aljazeera and the like. It’s all politics and politics and politics again. The U.S. tennis open is certainly not news in Zambia.
First, the excuse Police gave that they had Man-power shortage was defective also. Secondly, UPND should always try to understand and appreciate an excuse , they shouldnt behave like a child who when he tells his Father that I want sweet , then whether the Dad likes it or not a sweet has to be produced, No!. UPND are being antagonistic , and Im sure that if Nevers goes to Police today and notify them that he wants to hold a rally on the C/Belt on 6th October , the Police will definately grant him that wish because they will be able to plan and excute their duty but not when UPND says we are having a rally this saturday whether someone likes it or not , thats a show of streigth and Police will also want to show you that they went for training for nothing.
Ikandulwa you are a disappointment, ignore that attention seeker…..No need to mention her name
All those saying HH will never rule Zambia should continue burrying their heads in the sand because the man is on a highway to statehouse come 2016. For your own info. UPND will field HH whether you like it or not and we will not replace him as per your advice. Why are you insisting on us replacing him? Did you replace your Ukwa whenever he lost elections? HH is our man and we are sticking with him. Too bad for you but you have to just live with that fact. Viva HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH2016.
the guys name is mispelt…his real name is KENNEDY SEXINA….
@ mushota.so you think the sun revolves around yr p****.and all those saying hh will not rule .dont think that you are the only voters
What do u think about the Zambia Game?
Ba Sakeni – apa pena namufaula. No linguistic gymnastics will save you. Whether served or not served – the court made a decision and the order was clear – it was in public domain. All you needed to do is to follow the court order. Now this showdown between the Judiciary and the Executive will heat up. First Tribunal – Now you IGNORE their ORDER? Remember they are there to check you – they will make your life difficult.
SOLOMON JERE RESIGN BEFORE THESE GUYS RUBBISHES YOUR NAME MORE, THIS IS MY TIMELY ADVICE YOU ARE A GOOD MAN BUT IT WILL NOT BE SO IF YOU WORK WITH PF. HOPE YOU READ THIS
@ #17
Exhaust Blown Diffuser says: “Ikandulwa you are a disappointment…..” Advice well taken.
THERE IS NO IGNORANCE WHEN IT COMES TO APPLYING THE LAW.
WE ARE NOW ABLE TO SEE THROUGH SUCH LIES .
THE POLICE AS PER POLICE STATE OVERRULED KABIMBAS JUDICIAL SYSTEM PERIOD.
Pf’s behaviour is unfortunate. Its below the belt. Any attempt to defend such acts is demeaning; we should be debating real substantive issues. This is typical of PF. when sata came to Botswana, he raised a diplomatic issue over his plate of food and not trade or anyother matter of substance. How does a head of state talk food!!
Dictators all over the world are waking-up to the new reality that no one can control the will of the people. Police state or no police state, dictator Michael Sata is fighting a losing battle. It’s shameful that the court had to intervene in this matter of an opposition party wanting to hold a rally in Kanyama compound on a week-end. The PF must be encouraged to pursue that kind of behaviour as it is likely to lead to their own demise. VIVA UPND.
I cant to the time HH restores sanity in this country. Whose who say HH will never be president of Zambia just wait & only time will tell. Zambia is for all Zambians from the 73 tribes & anyone from these 73 tribes can be president as long as the majority Zambians see it fit for such a one to a national leader. Viva HH, we love & may God bless you & protect you from all evil forces. Thanks HH, for your boldness & firm despite the intimidation by the pathetic failures. Viva a complete political revolution in Zambia.
shut your beak pliz minister. you hav failed us….this is no longer a secret
#5 Mushota, may you please keep your pregnancy this time. The last 4 abortions you did where brutal, am sure their ghosts are haunting you.
Liars shall NOT have second term in Zambia.
The order reads: “The court further directs that all decisions, proceedings now being challenged, including the decision to cancel the rally of the 9th September, 2012, be stayed until after hearing of the motion for judicial review herein or until further order and that the said rally go ahead.” Mr Minister there is no explanation you are giving the public we which we can get apart from what the court ruled. Look in the mirror first and see if there is any truth showing on your face.
Squeler making a justification of his “PIG” master’s poor action. Ohh, I miss Animal Farm!!!
Imwe ba fee colour, this is not time for campaigns. Wait until 2016. That’s why the country is not developing, you’re bickering all the time. There’s time for everything, time for work and time for campaigns. It’s time to work now – in parliament, not at campaigns in shanty compounds.
It makes no sense for govt to try and argue and justify the cancellation of the UPND rally on technicalities rather than the merits of the issue at hand.
Govt simply blundered on this one and must never have cancelled the rally in the first place. Let us learn from history and start doing right for our country.
The right to assemble and express yourselves is an inalienable right protected by the constitution and UPND or any other political group or individual must be allowed to hold their rallies.
The police force (PF) cancelled the rally for lack of mapower but found officers to go stop the rally from taking place. shame!
Its really a shame, because if the police did not have man power then they should not have been police to stop the rally.
kikikikiki HHH to be prezido hehehehehehe, keep on dreaming. We knew who was to win in the last elections just as we HH know your man ll always remain trailing. Wishing you the best.
Advice HH he can’t much HE MC Sata in politics.Sata can be honoured for his vast experience in politics.We salute you your HE Zambia is heading for an economic boom HH knows that no wonder he wants to disturb this noble cause.Fellow Zambians don’t miss this chance.Our people has suffered a lot at the expense of few greed people like HH.What value has he added to our country he does not support sports charity he has never worked at community level the man had no CV.Unless you are blind
really hate, people who are pompous for nothing, especially after robbing the poor zambians, government please arrest all these bagaz. You are taking too long.
really hate, people who are pompous for nothing, especially after robbing the poor zambians, government please arrest all these bagaz. You are taking too long.zambia shouldnbe safe heaven for plunderers
really hate, people who are pompous for nothing, especially after robbing the poor zambians, government please arrest all these bagaz. You are taking too long.zambia shouldnbe safe heaven for plunderers. We all know how some fuz amassed our resources.
You know…. your comment sounds kinda’ pompous.
Democracy does not keep business hours – shame on this lame excuse!
justice cant go on holiday. court orders, especially urgent ones such as those pertaining to electoral nominations, can be served any time and ruling made even in the night. the court order was issued on friday in the night, mumba malila could have acted on it saturday. democracy has gone to the dogs.
PF brain-dead supporters here is something to digets if u can
1. So far GRZ has not increased Tax collection since they took over
2. Govt has reduced PAYE, medical fees 3. Govt has increased salaries
4. they have created new districts
5. they have nationalised companies
What PF has forgotten is that we fired KK for doing exactly what they want to repeat.
Insanity = doing the same thing over and over expecting different results!!
This is what is making those of us with clear un-corrupted mind to worry.
ugly lunatic..eish..!
I like the helpful information you supply on your articles. I’ll bookmark your blog and test again here regularly. I am moderately certain I’ll be told plenty of new stuff proper here! Best of luck for the following!