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Monday, June 27, 2022

Court rejects attempt to constitute a medical board to examine the health of President Michael Sata

Headlines Court rejects attempt to constitute a medical board to examine the...

Human rights activist Brebner Changala delivering his message
Human rights activist Brebner Changala delivering his message

THE Lusaka High Court has refused to grant leave for judicial review to Civil Rights activist Brebner Changala in the matter he is asking the court to constitute a medical board to examine the health of President Michael Sata.

High Court Judge-in-charge, Isaac Chali said the application by Mr Changala lacked merit and should be dismissed on grounds that it was frivolous and vexatious.

In dismissing the application yesterday in chambers, Mr Justice Chali said Mr Changala had failed to provide sufficient interest in the matter as a private citizen trying to champion the matter in the courts of law.

Mr Justice Chali, in his ruling, further discredited the evidence provided by Mr Changala, saying he was also not sure as to whether or not Cabinet did table the motion on the health of the President.

“I have studied the evidence on record and I must say that this application is accordingly dismissed as it is frivolous, vexatious and hopeless, it does not require further inquiry at the substantive inquiry,” Mr Justice Chali said.

This was in a matter in which Mr Changala had asked the high court to commence judicial review in the High Court to compel Government to constitute a medical board to examine the physical and mental status of President Michael Sata early this week.

83 COMMENTS

    • Well said Mushota.Changala is just an attention seeker.He doesn’t even believe in half of the things he says and does.

    • Is drivel your new word in the vocabulary or it is lack of vocabulary? You have used drivel in more than 10 posts in the last three days?

    • Look everybody!!!! Mushota and Saulosi have found their voices again!!! LOL!

      Ah! these two employees of a failed experiment make me laugh!!!!

      BTW Mush & Sau, how’s the “big man” doing? Does he remember hiring a plane and flying around the country following Levy’s body?

      Pwaaaaahahahahaaaa!! Oh, before I forget….

      “Thanks”

    • Thanks Lusaka high court.Changala must be insane to think the decision will go in his favour without having evidence to back up his claims.Its the rule of law and not the rule of what selfish individuals wants.

    • Mushota try to be real and objective when it comes to such issues,despite been a chairlady of P.F choir in Matero.

    • Zambians are daft ! Do you expect the court to entertain an application lacking evidence and merit ?

    • Ba changala next time mukaye ku court prepared not ifi mwailangafye ubupuba ati tamwishibe icho mulechita.

    • Refer to the “Presidential Siege” The Mafia are still at play. I told you that Kamimba is a smooth criminal and very illusive. The sequel will be out soon.

    • ZAMBIANS ARE TRYING TO SET THEMSELVES STANDARDS THEY WILL NEVER ADHERE TO GIVEN A CHANCE THAT THEY WERE THE ONES IN THOSE POSITIONS THEY TRYING TO SET STANDARDS. MY ADVICE IS, DON’T AIM AT CERTAIN INDIVIDUALS OR A GROUP OF INDIVIDUALS WITH THE STANDARDS YOU ARE TRYING TO SET. THINGS BACK FIRE IF YOU ARE BENT ON HATE. ASK CHILUBA IN HIS GRAVE THE STANDARDS HE TRIED TO SET FOR KK. SET STANDARDS TO BETTER ZAMBIA AND NOT TO REMOVE AN INDIVIDUAL FROM OFFICE OR ANY POSITION. ARE WE GOING TO START FIRING PEOPLE FROM WORK WHEN THEY GO SICK? ANOTHER F00L SAID SATA MUST BE THE LAST OLD PRESIDENT. LET’S MOVE ON, PLEASE.

    • Not surprised. SUCH LEAVE US WITH NO OPTION BUT TO SAY ” ALL OLD RUGS OUT”

      More the reason why we need to completely overhaul the Judicial system. The current crop from the Chief Justice down are a bunch of Jockers. Wonder if they ever even have time to understand what”s been presented.

    • Ola – Do not ask Changala what needs done. Let us take individual steps and show these Old Rugs that we shall not be taken for a ride any more.

    • Come on people its not over.I read Mr Changala’s evidence and wondered why our learned Lawyers didn’t help him draft something more substantive.This is the time for Zambian intellectuals to shine and come up with a well something to convince the courts.Its not time to give up.There are over 14million Zambians surely just because one has failed doesn’t mean the fight is over. We all know its not normal for a president to be this quiet for over 20 days thats abuse of office.He was not elected to chill in State house

    • @ Ola, you have asked and here is your reply.

      1. An appeal must be filed immediately. That this judge can possibly think that the people of Zambia have no right to know if there is a functioning head of State is plainly ludicrous, and it is obvious he has erred in his thinking.

      2. He should have recused himself even before considering the matter due to his family relationship with Sata.

      3. A writ of Habeus Corpus must be applied for so that Sata can be brought before a Judge to show he has not being held against his will or is dead.

      It is obvious that this judgement is faulty, but further, it is must be appealed. What a terrible precedent it will have set for Zambia.

      If allowed to stand, it will in essence have declared that the people have no say in the government of the…

    • @Bamba Bimbo- Good points- But remember Zambia is not on the same level as UK or USA- I cant imagine David Cameron or Barack Obama disappearing for 23 days without anything about his location and everyone remains quiet and behave as if everything is normal. We have no opposition in Zambia currently. The only answer to avoid frustration my learned friend is to take a passive approach- and say- let the future take its own cause or whatever will be will be- QUE SERA SERA- .

  1. Yes !! Sanity at last.Way to go Justice Chali.Changala has lost his mind.Some Zambians are pathetic. Desperation can make people come up with crazy ideas. Changala, let it go son.

    • How you feel to be on the same brain-wave as Mushota or Mushoto? It must be absolutely terrible to accept mental inferiority.

    • Ati the case is frivolous and hopeless. Kekekekke
      Changala should not pay those useless lawyers he hired called Makebi Zulu.
      And that Changala whose “human rights” is he fighting for?

    • @Saulosi, you really are showing your ignorance and predjudice.

      When you praise Justice Chali like this it is obvious you have not even bothered to read the judgement. He has erred. His judgement is partisan.

      Go back and have a look. Chali believes what was written in “the Post” but does not believe what was written in “the Nation” !!! When the whole country knows all too well the Post is a PF vuvuzela and the Nation tells the TRUTH!

      Whose side is he on? I rest my case.

  2. God have mercy on my country…… Is it true this judge is part of the family tree? If so, this is truly sad. No objectivity in the judicial system. It is like being in a foreign country where the system favours the indigenous. But am consoled that God is a fair God. He looks at man’s heart and he can’t be bribed.

    • Which objectivity when Changala had no evidence that Sata was sick apart from what he has read in the tabloids ? In case you don`t know courts works with evidence and not whims,rumours or emotions of the people to arrive at decisions.Spare your so called fair God.

    • Saulosi, please do not get involved in the argument which was already been adjudicated by the House of Lords in more than one occasion (that is referred as “legal precedent”).

  3. All those appointed by Sata are not serious at all!!! Why should Zambia continue to be ruled only by a name “Sata”? The person behind the name has disappeared!!!

  4. Do not worry Mr. Changala. Soon and very soon or if it has not yet happened, YOU WILL BE PROVEN RIGHT THAT IS IS THIS JUDGE WHO LACKS MERIT. Evidence is already there that a president is not working. since when did he start working in hiding? You are the man

  5. Zambians are full of sh**t preoccupied with the health of an individual. They pretend they are standing for good of the nation but they hurt the nation to its hardcore. Kea has is depreciating as investors worry about the level of stupidity and careless self-centredness of the so called educated elite whose preoccupation is power by all means. The preoccupation of UPND and it’s sponsored marchant ship of devils. This is one of the most lowest point of political doom for UPND . The parliament is turned into the health debate rather what can be done to lift the lives of ordinary people. When did UPND visited Sata at state house when they declared anyone who goes to state house is an enemy of UPND. Their approach is a shame they think Zambians are blind and thick not to recall their moves.

    • you 1diot, I have not read a single sentence or anything to do with UPND in this story. by the way whose interest are you presenting? when voting we did not vote for someone to go and hibernate like a frog in the tundra region. someone gets a huge salary to just snore in state house! people are waiting to be sworn in but cannot cox someone is pretending to be fit yet he is a cabbage. rubbish

    • Good point!! When did the hopless united aparthy party visit state house? Every person visiting state house was declared a rebel.

    • Brener should through his lawyers written to the secretary to cabinet and george chellah to request if a motion had been tabled to attest to the fitness of the President. From the answer he could have proceeded to engage the courts. I think Justice Chali has made a ruling within the premise of what was before him but I think he went overboard with his calling Brener a ‘busy body’ and all that cut and paste he got from lord Diplock who was on more solid ground when he used the terms.

    • @n samson, Which “secretary to cabinet and george chellah” are you referring to?

      The one that couldn’t tell the Nation if he did – or didn’t – have a document handing over Presidential powers to Kabimba, and the Chellah that has been as much a CABBAGE as his boss for the last month?

      Get real!

  6. When the ccourt rules in yo favour,like in the recent seats which were nullified due to electoral corruption,you say its an independent judiciary,when you loose,its a family tree.What kind of pipo are you???

  7. @Saulosi u r right Changala is rushing, he is ‘MOVING at the SPEED OF LIGHT’ let him calm down.

    @Pretty on the other hand u r right nepotism,segregation,tribalism & the like r wht ve BROUGHT SATA’S regime down. God is GREATER THAN ANYONE’s NOSENSE and in ths case Sata.

    Chiluba’s Govt was the Perfect balanced govt in History. Wht brought Chiluba Down was just the grabbing someone’s Wife (its a CURSE).

    GOD OVER TURNS MEN’S IDIOCY. Even HH or whoever will come SHU BE CAREFUL.

  8. This further shows the joke our country has become when we have men like Changala in the forefront.We have lost objectivity as a people and have allowed emotions get the better of us.The Lusaka high court did a good job here.Nonsense like this should not be entertained.

  9. Whether Sata retires or dies. What makes UPND think they will win elections? Changala is full of sh**t . Only people like me behind the keyboard think especially UPND that if Sata retired or died then HH is next president very wishful thinking. MMD and other political parties are mute over the health of Sata because they know preoccupation over this will not gain them political mileage but will damage their political fortune.
    Few months ago UPND was championing for new constitution their anarchy and inpatience was seen in the parliament that proved to a none starter and losing battle. Now it the health of the president which from any people it’s a bad taste and un zambian still UPND is championing. I don’t know whether they have mature and seasoned advisors to say lets forget this…

  10. ZWD reported that Isaac Chali could actually be part of the president’s family forest and this would actually turn out to be like this.

  11. “….frivolous, vexatious and hopeless…” so says the judge. The image of Sata the media splashed on our screens showed a dying man. Three weeks since his disappearance without a trace, we are still encouraged not to worry, the president is still busy wooing investors. This is an insult to our intelligence. Sata’s evil ghost will surely come to haunt judge Chali for his callous treatment of a serious matter. This stup!d way of handling national issues will snowball into something big.

  12. There is nothing wrong with carrying a medical examination for any worker whose performance seems to be affected by their health. It is actually in favour of the person affected. It is a relief to a lot of pressure. I am for the Board. Changala do not worry what ever happen under the heaven is allowed by God.

  13. Changala on one-man crusade to prove an elusive point, but really hiding some unknown serious personal deficiency.

    • You said the same thing about Walliam Harrington, you are the selfsame zombies who called him all the unpalatables under the sun. When are you Zombies ever going to see the bigger picture. ..would you continue paying your maid or garden boy if she/he didn’t turn up for a month?
      Wake up from your docility and passivity! !

  14. This nuisance of preoccupation of the presiden’s health should come to an end. These scumbags are hurt the moral fibre of the economy, political, cultural, family , peace and stability of the country. Investors are sensitive and will use this to justify why they can not let their money remain in Zambia. Politicians must know that destroying something is very easy than building. The peace and stability that Zambians enjoy is hard earned and not by chance. The positive economic out look is not by chance but hard earned by everyone in zambia . If politicians decide the best is to destroy by political mis calculations, selfishness and careless attitude . The damage will be severe.

  15. No president indefinitely and a dummy vice president. I guess the country has always been on auto-pilot. Anyway this can ONLY happen in my country

    • No forgetting an illegally appointed Chief Justice, a very biased Speaker, a compromised Attorney General….what a big mess we have here.

  16. State house is state property. If the law makers are playing politics then Zambians should prepare for war because your country has been hijacked. How can you hide state property? What are they hiding? The man wants to take the country with him to his death bed but ba Zambia ni ndwee!

  17. Anderson Chisala, I don’t know how balance you want Sata ‘govt be when there are all people in the govt. it’s difficult to have people from others parts of zambia when they declared they will not work with you. Given positions refusing and because they want full ministerial positions of Vice President post. Check the cabinet and possibly you will see there is a fair balance.

  18. Just so we clarify something.Judge Chali is in not related to the president.I know because I am very close to his household.That notwithstanding this decision is against the court of public opinion of which most of you are members of the jury. It is important to take into account the facts before us. Is Sata sick? We are not sure, but it seems that way. Is Sata mentally stable? The public is still not sure but it seems that way.It’s the courts duty is protect every citizen from lynching. It would therefore be reckless for the court to put the president on the peddle-stool in the midst of speculation. Present facts such as medical reports to influence the court to take action. Don’t just talk and expect action. Work on valid evidence. Chapwa.

    • Judges do not decide cases on “HUMANITARIAN” grounds, they are supposed to look at the evidence!

      But obviously this Judge does not want to look at the evidence. His Uncle may fire him!

  19. @Pafwenamwine.

    Your views lack merit in many respects of what is going on in the nation.
    Firstly, it’s common knowledge that the nation has not systematically been informed about the state of the health of our president – this Zambians have the right to know.
    The incoherent information from government surrounding the health of Zambian president has created a national speculation that is circulating on world social media. In agreement to what you say elsewhere is indeed causing negative impact to Zambia and loss of investor confidence. Overall cause to this is not UNPD,MMD or Changala. Its PF government denial to come clean on this national matter and taken it as a private issue. Sata belongs to Zambians and have a right to know what is happening to him and who rules them in his…

    • You never accepted Sata .. dont lie that he belongs to you just because you have mischivous intrests

  20. Fact 1
    Any major illness might change one’s life.

    Fact 2
    Our President sufered a MINOR stroke in his life BUT it not have any impact on his life. Pres Sata has behaved the same man we knew 40 yrs ago as Governor or as minister under KK & Chiluba.

    Fact 3
    The late Mwanawasa had suffered a MAJOR stroke long before he became President.

    Fact 4
    That stroke had incapacitated him & had affected his memory. Noticeably Mwanawasa cud forget people around him which earned him the nickname “CABBAGE”. He is fondly remembered when he cud call a man by a lady’s name.

    Fact 6
    Reasonable & unreasonable Zambians such as brainless Changala & wireless Lusambo never asked anyone to examine the health of Mwanawasa. He died in office. MHSRP.

    So what has changed NOW?

    • This what I mean when I say some Zambians have short memories or suffer from amnesia…you do not even know who was in forefront of calling LPM that nickname and who was always on radio calling for a medical review to assess his competence?

  21. This ka judge Chali is a fool. His judgement is too subjective to be from a high court judge. If he does not know whether or not cabinet adressed the matter but why go ahead to eagerly and ardently write off the entire application rather than find out if the motion was addressed?

    These are Sata-nic furits of nepotism and tribalism, and they make people like Chali literally fail to use their brains. His jusgement is based on personal opinions, interpretations, points of view, emotions, judgment, and family forest interests at the expense of the whole nation. Why force 14 million Zambians to have a corpse for their president?

    What an ill-suited way of handling this matter! Instead of putting the interest of our judicial system and our country first, he is concerned about his…

    • passed out relative Sata-n.

      Chali, you are a useless tribalist who lack objectivity and have failed to defend the truth and justice. The judgement is far from being fact-based, measurable and observable.

  22. Is there anything to celebrate about when you are being ruled by a corpse at State House ? Sometimes I wonder the the reasoning degree of some Zambians. The President disappeared 21 days ago with his voice mail George Chella who has been completely switched off from the scene. Where is the joy that you have a capable President ? Assuming that it was another President who is in Sata’ s situation, how talkative could have been Sata against the vice with his minions ?

  23. Chi Saulofyo and Mushofyo are quacks! Brebna is a gallant citizen who just want things to be right with this People’s Fools government. Y hide our president’s sickness when it is clear he is a sick ling.

    WE SHALL APPEAL!!!!!!!

  24. This is utterly ludicrous how can it be frivolous and vexatious when President Sata is paid by the taxpayer as an elected public official. We haven’t seen him for two months…this judge is a coward for all we know Sata is either embalmed or mummified in the presidential office. MHSRIP.
    Zambians wake up from your docility which company would let disappear for two months?

  25. It was not about proving that Sata is incapacitated. It was about compelling cabinet to raise a motion to have this investigated by a medical board. All the judge has asked (though he was unnessarily showing off with the language ) is; where does Changala come in on a Constitutional clause that accords cabinet to decide whether such a motion is required? How much does it affect him or a group he represents? Sometimes you can compel an administrative agency to make a decision that directly relates to you if they are dilly-dallying. Some may still argue that it is in the public interest that such a motion be passed. The real question is who has the locus standii ( sufficient interest ) to bring such matter on behalf of the public?

  26. This is how it should go. Shame on you poor Changala. By the way, who are you to even talk of constituting a medical board to examine the president? You and your fellow ticks in UPND, you deserve to be taught a big lesson in discipline.

  27. The court has used the word VEXATIOUS to reject Changala’s attempt! Check the meaning of this word then u will know u want…

    Long leave leadership!!

  28. well done Mr. Changala.. I admire your courage… you are just one of those few Zambians who understand their constitutional rights by demanding for the truth about the health of the president.. its unfortunate it hit a snag, but like what others have stated already, lets come up with option B and hopefully we ll get to know the truth about the health our senior most employee at plot 1… we, the employers need to know if the person we employed is geared to take on the challenges of that office!!!!well done once again Changala…

    • Because we want to make absolutely sure he is DEAD, DEAD, DEAD and never coming back!

      Then the party can start!

  29. Lest we forget, a considerate proportion of the Zambian population enjoy being lied to by politicians and hence the ruling of Judge Chali. This ndola Judge seems to understand that Zambians are gullible and that they enjoy fabrications. Three weeks Winter Kabimba was acting President using false pretenses that power was handed to him by President Sata. He was almost transferring Presidential power to himself until “guerrilla” journalists exposed him. It is now clear that President Sata is immobile hence his failure to swear in crucial constitutional office bearers such as Attorney General and Solicitor General. Even propagandist Mmembe is having difficult defending Sata’s immobility. Meanwhile docility continues in Zambia. Thank you Brebner for your courage, well done.

  30. The judge is right,how can a sane judge allow a medical team to examine the mental capacity on a dead body.very soon sata ‘s family will pressure govt to announce the demise of late leader.at least tax payers money have been saved.

  31. this is wat u expect from political failures,who av failed to make it to state house now they resort to CHEAP and USLESS atempts to unseat the dully democraticaly elected president.even my 7year old boy canot tolaret dat nonsense mr Changala.UPND if u ar not carefull dis power hunger wil read u into trouble.people like mr Changala we shouldnt be entertaining them bcoz dey seting a very bad record for our country.

  32. we always advise ba upnd that u cant av wiliam banda as a presidential adviser n expect gud results.lawyers make money out of upnd,s desperation for power.

  33. This DONCHI KUBEBA fiasco is beyond a mere joke!
    Zambia is under siege!
    We are under attack!
    PF is capable of keeping a Corpse in state till 2016 just to faci
    Itate their looting of the treasury!
    Where are our defense forces in all this?
    Enough of this stup!dity!

  34. I wonder which human rights this Conman ( Brebner Changala) Campaigns for or is it human hater’s rights just the other day he was mentioned as one of the Financials of ZWD which always goes on a hate campaign against it’s perceived enemies and the chap is quiet. I expect people who portray themselves as human rights Campaigners to be real about it. This case should have been dismissed with costs for wasting Judges and Court Workers including citizens time. Mr B.Changala be real and have a life.

  35. @Jay Jay

    Mr Jay Jay
    Did the government of the day accede to the opposition’s demand? Is it not folly to repeat the same demand all over again?

    • They ignored it….what does someone you owe money do when you are ignoring him? Do you think he is just going to sit on his hands AND DO NOTHING…. its either he will bring in the heavyweights to manhandle you or he will take you to civil court.
      Why is it so so so difficult for you ZOMBIES to critically analysis issues? WHY? WHY?

      WAKE UP for YOUR DOCILITY!!

  36. @pafwenomwine take easy u ll choke yo self the issue is on Changala not UPND woooo u must bee seating on a HOT ONE?!

  37. WITH OUR JUDICIAL SYSTEM, THIS CASE CAN GO ON AND ON UNTIL 2021 WHEN SATA WILL HAVE RUN HIS FULL TWO TERMS WHETHER ON HIS DEATH BED OR NOT. SO THIS IDEA OF TAKING ADVANTAGE OF SATAS ILLNESS TO JUMP INTO STATE HOUSE WILL NOT YIELD ANYTHING. WE CAN APPEAL TO OUR PF TO BE MORE TRANSPARENT AND LEARN TO MANAGE SATAS ILLNESS MORE CONFIDENTLY.

  38. FAILURE OF RULE OF LAW I.E. DEMOCRACY, IS AN INVITATION TO MILITEZ. The problem is that the Zambia’s pre-colonial constitution puts so much powers in the president, yet exculpates him from any fallacy. Either we reduce presidential powers or we abolish democracy.

  39. And so Judge Chali, has left us functus officio, with a sampling of Lord Diplock’s terse verses. The matter is res judicata unless appealed.

    The merits if any were not enough for the judge to proceed. Be wary, you need solid evidence to move the court.

    I do however differ with his Lordship on locus standi. Brebner in my view as a citizen has a stake in the Presidency. Or else who does? He and other voters put one of their compatriots in State House.

    And surely, where does Order 53 fit better than when public officials abrogate their duties in the Wednesbury type recklessness?

    Please this should only be responded to by my learned colleagues (no offense to the rest of my compatriots; its only that I wish us to delve in this matter using precedent and statute).

  40. There is clearly something wrong with both the Zambian democracy and the Zambian people at large. Short of my dad explaining this news (and the sins) of his forefathers, i cannot but conclude that Zambians are peaceful *****s that will eat crap in exchange for oxygen. Is it really Christian to smile and hope for the best when someone is robbing you (and your heirs)? Are Zambians that stupid, for real? Or is their democracy a joke? If Sate or the PF wins another election then this country will bespeak the failure of african democracy.Slaves again?Excuse my language but your dilemma bespeaks the inept philosophy held by my Zambian dad and others, that it is better to lie (or be lied to) than embrace or tell a truth)that breads discord? If you agree, then Sata is healthier than most Zambians

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