Opposition UPND President Hakainde Hichilema says his party has enough evidence to make the Constitutional Court overturn the election of President Edgar Lungu.
And the UPND has written to the Speaker of the National Assembly and the Attorney General’s Chambers to advise President Lungu to step aside following the successful filing of the presidential petition.
In an interview, Mr Hichilema said the party has sued President Lungu, his running mate Inonge Mutukwa Wina and the Electoral Commission in line with Article 101 and 102 of the amended constitution.
He said the UPND has credible evidence to show that President Lungu’s election victory was marred with glaring irregularities and full of malpractice.
Mr Hichilema stated that evidence will show that there is no way the election could be qualified as credible, free and fair.
He said the UPND would not have gone to the Constitutional Court if it did not have sufficient evidence to prove that the election was stolen.
Mr Hichilema said the UPND is not bothered by some observers and election monitors including the international community who made preliminary assessments that the election was credible.
“We are not concerned by the statements from the UN or the observers because we have not sued the UN. We have sued the ECZ because it was a culprit. It aided the PF to steal the people’s will. We know that the Electoral Process Act was violated and this is what we will prove in this petition,” Mr Hichilema said.
He said most of the observers based their assessment on the conduct of the process on voting day without taking into account activities before and after the voting day.
“Some of these observers only monitored two out of thousands of ballot papers so their assessments do not concern us at all. We are concerned with the conduct of the elections by the Commission,” he said.
Mr Hichilema said although voting day was conducted in a peaceful manner, most of the malpractices occurred during the totalling and transmission of results.
Indeed we have evidence and unlike the useless lawyer Edgar we gave documented this and followed the correct legal redress because we love Zambia and peace. While our supporters were been killed before elections we will not return violence with violence. We trust the courts will be fair but we all know that the courts in Zambia under pf are compromised. Viva hh
I thought this is a petition and not a lawsuit? Hmmm
The Law is settled as stated by Lord Nicholls in RE H (MINORS) [1996] AC 563 “The more improbable the event, the stronger must be the evidence that it did occur before, on the balance of probability, its occurrence will be established.” In the case of NKONGOLO FARM LIMITED V ZAMBIA NATIONAL COMMERCIAL BANK LIMITED AND OTHERS (2005) ZR 78 (SC) it was stated that:- “where a party relies on any misrepresentation or fraud…he must supply the necessary particulars of the allegation in the pleadings. Fraud must be precisely alleged and strictly proved. There is no presumption of fraud…” Likewise iin the case of SABLE HAND ZAMBIA LIMITED V ZAMBIA REVENUE AUTHORITY (2005) ZR 109 (SC). Halsbury’s Laws of England states that:“…where a party relies on misrepresentation, fraud, …he must supply the…
Iwe ka nini oh sorry nono. Please read the constitution. Do not be like lungu. Learn to read
Now we have the pf illiterates scratching their heads. The chaps did not read the constitution and didn’t even understand what lungu while drunk was signing. This is when they want to ask us questions like is this a lawsuit. Kiki Kiki
HH you are a sick man! Today you can’t say the you don’t care about the UN! “Yesterday” you were writing to the same UN to help you condemn Zambia. And what about your rigging with Venon Mwanga in your so called strong holds, have you also included it as part of your evidence?
Loser!! Get a life you tonga bull
Baba, under this constitution you irresponsibly refused to contribute to, your petition is Brought In Dead (BID). Wise up and get back to the real world. You are at risk of suffering a double jeopardy. You will mourn this funeral alone.
DROP DEAD LOSER – HDH
CONSTITUTION OF ZAMBIA (AMENDMENT) [NO.2OF 2016]
ELECTION PETITION
103. (1) A person may, within seven days of the declaration of a President-elect, petition the Constitutional Court to nullify the election of the President-elect on the ground that—
(a) the person was not validly elected; or
(b) a provision of this Constitution or other law relating to presidential elections was not complied with.
TRANSITION PERIOD BEFORE ASSUMING OFFICE
104. (3) Where an election petition is filed against the incumbent, under Article 103(1), or an election is nullified, under Article 103(3) (b), the Speaker shall perform the executive functions, except the power to— (a)make an appointment; or (b) dissolve the National Assembly.
“We are not concerned by the statements from the UN or the observers because we have not sued the UN”…………..kikikikikikiki. But these are the same people he was lying to before and during the elections…..nomba wabasula cause they said ECL was legitimately elected? Why don’t you want to talk about the ten year olds who were voting for you in Southern province? Let’s talk about your supporters who were intimidating voters by escorting them in voting booths to ensure they voted for you. Just accept it, majority of Zambians voted for ECL.
Get over it, even in court this cry power hungry baby who has never won an election will lose. Spare the Zambian people of your desperation.
DOES IT MEAN THAT WITHOUT THE CLAIMED “IRREGULARITIES” THEN UPND WOULD WIN OR WHAT?
An Election petition is a procedure for inquiring into the validity of the election results of Parliamentary or local government elections. In other words, it is a means under law to challenge the election of a candidate in a Parliamentary, Assembly or local election or presidential.
When a petition is lodged against an election return, there are 4 possible outcomes:[1]
1. The election is declared void. The result is quashed and a writ is issued for a new election
2. The election is held to have been undue: the original return is quashed, and another candidate is declared to have been elected.
3. The election is upheld, and the member returned is found to have been duly elected.
4. The petition is withdrawn. This may occur when the petitioner fails to attend a…
Enough evidence warranting the case to be dismissed! Under 5.
Playing to the gallery that he is good at. We should maybe vote for the President of the gallery. What I irks me are pronunciations by media that ‘hh shall address the nation.’ Did I miss s’thing? Has he been appointed Minister of s’thing? The only thing he can do his address his party and fans…
Under 5 and his disrespectful party cadres. The election was peaceful and decisive. The tribal organization spiced by a few job seekers from another ethnic group lost the elections! Soon the party will disintegrate. Keep watching this space!
Any lawyers here? What does “filng a petition in concourt” mean? Does it mean addressing the constitutional court to order a re-look into the process based on evidence presented or does a petition mean suing one declared elect and the one who made the declaration?
I said exactly the same. I don’t think this is a law suit
HH thinks he can use the back door for the Republican Presidency the way he assumed the UPND Presidency without holding an election….HH is treading on dangerous waters…70 % of Zambians rejected him…
Lets say the elections are nullified, do you think this numb skull would win? The PF voters would come out in droves this time. He maxed his support whereas PF did not fully tap into their chest of voters. But even then he would say he has won. The concourt should start from the premise that he had no intention of conceding right from the get go. That means his petition is frivolous. Southern has Zambians of other ethic persuasion, you are telling me they all voted for him? Hmmm.
Zakeyo…. U are stupid or dumb, chabe!
70 %? It’s more like 50 -50.
Dace hh is not getting the presidency through the back door. We the majority that voted for the Party that won will not let him do that. He will remember the UN again.
Here is what the LORD told me today: “Show me a conceited person and I will show you someone who is arrogant, proud, and inconsiderate” Prov 21:24. “Get rid of a conceited person, and then there will be no more arguments, quarreling, or calling of names.” Prov 22:10. It’s so remarkable how this article coincides with 1st teaching and how petition filed in Concourt today coincides with 2nd teaching. God Bless Zambia!
Mother fuc.ker – just go and die, hang yourself!!!
Chilyata don’t insult. In fact that is not how you insult the fcking your mother
Honestly they are just wasting time. History which in law is called Stare decis has better petitions which failed…..Dean Namulya Mun’gomba, Anderson Mazoka are examples. Mr Mazoka won almost 5 provinces (Southern,western,Nwest,part of Lusak n Central) whereas Mr Mwanawasa only 3 as CB went to HP and most Lusaka went 2 FDD but wonders happened at the courts. I don’t see any difference. This case has been lost on a technicality already. Wish u all the best!
May the rule of law prevail, because that is the only way to attract credible investment in our Country, and much needed job creation for our youth.
Should UPND lose, they will accuse the courts of being compromised by PF. These UPND 1diots balibe chabwino
You let bill of rights slip through Zambian now you want to set the country on fire? Will follow you in your personal capacity. We rejected you 5 times. Ain’t the same international community you wrote to? What’s wrong with you HH?
HH is just a selfish bu.stard
Mjb bawiso
HH don’t be funny. We know these are just delay tactics to help you hang on to the UPND presidency. You know once you concede defeat we will get rid of you as our president. Just go man. you already sold out the party
Now you know why Sata used to call HH as an under 5 politician…….and from his childish behavior it’s now evident that HH will NEVER rule Zambia…..i will say this one more time HH WILL NEVER EVER RULE ZAMBIA…….he definitely needs to grow politically…he thinks running a country is like running a business….and now he is becoming very annoying with his stupidity and childish behavior…….
We do have a dully and democratically elected President Edgar Lungu……
I guess the investors he borrowed his campaign money from are now harassing him…….he has become very delusional
Anyway
EDGAR LUNGU 5 MORE YEARS
I thank you
Edgar alefwa soon. Mark my words. Sinners die faster
NEZ is death of incumbent President your daily prayer? If that happens hh won’t win this time it will be Kambwili winning with running mate Dora. We shall show you so that you run away from Zambia nechikonko
I think HH needs a to be roasted in a very hot burning furnace. This chap, what’s wrong with his brain? I wish to remind the concourt on this dangerous manuovers by UPND that if they try to be feabble and nullify the Presidency of Lungu those judges will be the first to be k1lled by the angry and people whose victory might be jeopardised. Unless they want Syria to be right here in Zambia. HH and UPND lost these elections by over 100,000 votes and as demanded by the constitution 50+1. Why hasn’t this imbicile not challenged the results of his MPS except his only? Doesn’t he know that to many Zambians, except his tribesmate that he is not a president of their choice? Why does he want to force himself on us? Once Lusaka and Copperbelt reject you, it means just that?
Hey, someone stop…
I am really confused, what is this, a Lawsuit or Petition? Are we talking about Credibility of the election or we UPND want to confirm that election was rigged ? Unfortunately from this HH statement I fail to get the main point driving the this so called “petition” or Lawsuit ? It sounds vague, I expected something vibrant and convincing, otherwise he is already fighting another losing game. Furthermore, I am surprised by this statement ““We are not concerned by the statements from the UN or the observers because we have not sued the UN.” Was it not HH who was writing to UN before the election? If he trusted UN to an extent that he was complaining on what was going on in Zambia, why then, is it that he can not trust UN assessment of the election outcome. This is not GOOD of HH.
I am really puzzled by his statement on the international election observers. I wonder what his opinion is on the local observers who said the official results were consistent with the”will of the people.” The US government said results should be respected. Well perhaps he is sure that the Concourt will rule in his favour and ECL shall be disqualified in the second ballot. UPND may not like this but HH has not shown leadership on the referendum (it is a shame he publicly urged his supporters to shun the enhancement of their rights and they blindly heed to his selfish call), and the outcome of the presidential election. He must manage his political personality that he really needs to win future elections.
Ziambia citizens should sue upnd and their leader for war crimes. In fact an arrest warrant should be issued immediately by international war courts. Pf and upnd have useless leadership skills. These useless leaders will cause a civil war. Stop embrassing Zambia!
WHAT ARE THE GROUNDS FOR THIS PETITION ?
This is a helpless situation Zambians have found themselves in. It’s like watching a car crash what does one do?
You are all pf cadres talking nonsense there are reasonable and very intelligent lawyers in UPND who have taken you pf cadres and your leaders by surprise by petitioning. if your president can’t get advice from his attorney general then what kind of a lawyer is he? You have been imbarassed with your leader on two cases of Mutembo and ministers but ba PF mulekwatako insoni
Kayes before you insult the intelligence of Lungu read Cap 102 in relation to the Mutembo matter and you will find that the Judge made a big mistake. Mutembo capitalised on the new judge.
King Solomon will go thru. LUNGU like king Solomon has the responsibility to build Church. I feel for HH because this is his sixth lose. He will cry like a baby when PF takes 35 of his MPs to court. The problem with some Zambians you want to talk about unity when it is PF. When HH is and his pipo are off sides chiefs from south are on holiday. Hope chiefs will continue being on holiday
Mr HH the only problem with all this thing is that prior to these Elections you declared yourself as a winner even before we voted, so you refusing to accept the defeat after the election is premeditated actions you taking whether elections were rigged or. And if I was a judge sitting on this case I would Ask your lawyers and your self these tough questions to exam your conscienceness over your self pre-proclaimed victory
Just let these bunch of lawyer chew H***** Hynas money. His second death is coming mark my words!
And now the Constitutional court will take his petition and trash it…..i have said this so many times that politics is not for the faint hearted and cry babies….
HH Has been retired and knows the outcome of his petition…..i will add this one to his losing streak…..7 times loser….
Edgar Lungu 5 more years
I thank you
I agree with all the right thinking bloggers on this matter. HH needs better advisors otherwise he risks losing sympaathy of the Zambian prople.
Courts stand for PUBLIC INTEREST kwamana! Assuming the court ruled that HH won, there will be genocide in the nation hence the court cannot make such a ruling. HH cant see this????? Oh my God
If they ruled for a re=run, this is a very expensive venture which will impact on the Zambian Kwach losing strndth and the economy slowing down. HH surely cant see that the court cannot make such a decision?
PUBLIC INTEREST IS PARAMOUNT IN THIS CASE AND HH WILL NOT ACHIEVE ANYTHING BY GOING TO COURT. MCS (MHSRIEP) WAS INDEED A GREAT LEADER AND I HAVE ALOT OF RESPECT FOR MCS’S COUNSEL ON MATTERS OF PUBLIC INTEREST.
HH is a successful person and he is into this to help uplift the face of our nation but thanks to you haters who have manged to to convince the poor Zambians with all lies that have been put across the nation to accept people with no vision so that those who benefit on our hardly earned money can eat peacefully without questions cause there is no vision and a leader without a vision can see everything to be normal even when things are not ok.
Don’t take advantage of the people that can not make informed decisions due to lack of education and lack of access to proper information which you have denied them.
insult all you want Viva HH and The UPND party
Don’t cheat yourself. What genocide are you dreaming of?The trouble with some Zambians is that they have been used to being lied to and being cheated or cheating. Why should you blame someone seeking justice? In fact, everybody should support UPND in this to ensure there is rule of law in Zambia. So why the heckling? Are you all becoming headless chickens simply because of politics?
I am astonished, flabbergasted etc that today HH is saying the UN is useless when two weeks ago he was running to them for help. He even said “We are not concerned by the statements from the UN or the observers because we have not sued them” Then why did you run for help?
Also he is forgetting how VJ rigged elections in Southern province (2016). HH was chasing all monitors and other stakeholders from Polling stations. There is enough evidence to that effect e.g. in Maala, Bwengwa, Macha (where a nurse student was harangued by HH’s supporters) all this we have, including Dundumwezi formula was deliberate by giving the people transport money and TT at least 500m away from the polling stations. The Chinese saying, “When you start a fight prepare for the waste”
In fact if the Concourt…
HH didn’t say UN is useless. He is saying UN is not a factor in this petition. Thats correct! Munafelukila mu grade bwanji imwe?
In fact if the Concourt rules in favour of HH they will say it is good court, but if it rules in favour of ECL they will say the concourt is corrupt because it was appointed by EL. Wait And See (WAS)
Public interest appears to only apply to PF cadres right? The difference reflected between Lungu and HH is very small with all the rigging. The people who didn’t vote for Lungu qualify to be public too and their interest equally considered. All these malpractice only happen in places like zambia. Its never surprising instead of improving and developing, the country is deteriorating. If MMD did what PF has done, they wouldn’t have come into leadership, therefore abusing power for personal gain is unacceptable. I pray the court would handle this case professionally and deliver the right verdict. Lungu is not Zambia and Zambia is not Lungu.
HH is hoping that the president of concourt Chibomba and other Judges in the court will not nullify the election.HH has a Tonga sitting as a president(Chibomba),Mulonda a relative to Madam Kaseba,A lozi and somebody from Northwestern.For him it’s about tribe but these Judges should be sober before Zambia become the war zone should HH wins the petition.If HH wins the petition there will be tribal war in Zambia.Concourt will bring war or genocide in Zambia.HH can’t win in three provinces period.HH is a pure tribalist n we need to avoid him if Zambia wants to avoid tribal war.HH came into politics thru tribalism and now we are reaping his results.The con court is filled with a Tonga ,lozi,lenje,nothwestern n bemba but 4 judges support HH.HH has energy knowing he has tribemates in the…
Agony is claiming to have won an election with only less than one third of members of parliament.
Ba Concourt should be careful with this tribalist who can’t even tell his cadres to harm other tribes in southern province.Bembas and sengas have run way in southern.what a leader to rule us.These Judges will be accountable if the war breaks bcoz of being tribal.Lungu should not balance power coz some tribes are too selfish for nothing.They can’t appreciate unless they are on top.May the Lord save this country from this bitter and tribalist HH.
True some people put blood before national interest. Even Gbm and Nevas don’t know that they are riding on the back of a crocodile until they reach mid stream.
True colours of this desperate man coming out. Zambians simply do not trust your judgement, just look at the people you decided to surround yourself with? GBM and Mumba have lost you these elections. Had you stayed with your original team, Zambians would have given you a chance. At least now you and GBM can split half and half on the dodgy deals you made with people that financed your campaigns. The Zambian people voted not to pay them back.
Which Zambians are you talking about? I am a Zambian, so please don’t talk on my behalf, talk for yourself. Do you think only supporters of PF are the Zambians? Some of you haven’t even done anything tangible for this country and yet you feel you are the ‘self-appointed’ spokesperson for Zambians.
Yay yay! Politics of poverty – Go and work and stop killing one another
Tell that to the court. Why are trying to justify your action to us. The court will decide not or you. By the way I notice that the bulk of your lawyers are your tribesmen, why? You suspect other tribes can reveal your secrets?
A proper court would call the plaintiff as being mischievous since he had indicated from the onset that he not accept defeat. Note also that the original Upnd aren’t making any noise as compared to the “visitors “.
Kuwayawayafwe ba UPND. Status shopping will not make you win. We thought the evidence will be shared so neutrals can see it. But its the Mushipe kind of evidence ati someone voted 6 times. Day Dreaming. HAKAINDE DUNDUMWEZI HICHILEMA Just go and sleep now. You are making noise with your nightmare
GBM was again on Icengelo issuing insults against edgar and pf
HH because of your selfishness, you have forgotten about the many documented atrocities in southern province, campaigning at polling stations on voting day, heckling voters at polling stations, chasing agents of other political parties from polling stations just after voting, and many more. Remember these and many more are well recorded, znbc have videos, there will be more casualties in your camp than the other. but as usual its you first the rest in your party are just ponies to be used.good luck
Which evidence is UPND relying on, the G12 forms allegedly stolen by Obvious Mwaliteta? Is stolen evidence admissible by the courts? Why didn’t he petition the late Levy Patrick Mwanawasa, Rupia Bwezani Banda and late Michael Cilufya Sata who beat him first, when G12 forms were not stolen? What Mr. Hichilema is forgetting is that once you are a weeping boy, you can’t beat any team no matter how well you play because history is against you unless you resign and take a break then bounce back as newly born baby.
HH suffers from narcissistic personality disorder. He is the centre of the universe and he is infallible and never wrong! He can fix any and all problems this country is facing.
Remember that ECL still enjoys immunity. Trade carefully.
Wish him good luck!