Friday, April 19, 2024

Constitutional Court throws out 53 of the 80 grounds for the UPND Petition

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Lawyers working on the presidential petition leaving the Supreme Court
Lawyers working on the presidential petition leaving the Supreme Court

The Constitutional Court has thrown 53 of the 80 grounds of the case following preliminary motion raised by President Edgar Lungu’s lawyers on Wednesday, that requested that the grounds of the Petition were irregular and were outside the Jurisdiction pursuant to the provisions of Article 128 and Act no 8 of the 2016 Constitutional.

The lawyers also demanded that the Petition be dismissed as it was filed under wrong articles of the Constitution.

The ConCourt struck out from the record 53 portions of the Petition for want of jurisdiction and for being irregular.

Earlier,President Lungu requested the Constitutional Court to dismiss Hakainde Hichilema’s electoral petition for lack of evidence and merit.

In papers filed by his lawyers as preliminary issues, President Lungu had requested that the Petition be dismissed for relying on wrong articles of the Constitution and for lacking merit.

The lawyers have also requested the Court to remove from the records various portions from the UPND petition which they contend were wrongly and irregularly included in the Petition.

These irregularities range from matters filed, but are deemed to be above or are outside the jurisdiction of the Concourt, to petitioning under a wrong article 103 instead of 101.

Hakainde Hichilema and his running mate, Geoffrey Bwalya Mwamba of the United Party for National Development (UPND) have petitioned the re-election of President Edgar Chagwa Lungu and his running mate, Vice-President, Mrs.Inonge Mutukwa Wina.

Following the successful holding of the 2016 General Election, the Electoral Commission of Zambia(ECZ) declared President Edgar Lungu as winner of the Poll obtaining 50.35% (1,860,877) with Hichilema obtaining 47% 1,760,347.

President Edgar Lungu’s Patriotic Front (PF) obtained 85 seats while the UPND obtained 55 seats.

President Lungu also won 7 Provinces (Copperbelt, Lusaka, Luapula, Northern, Muchinga, Eastern and Central Province) while Hichilema won 3 provinces (Southern, Western and North-Western).

The matter has been adjourned to Friday 26th August 2016 at 11hrs.

196 COMMENTS

  1. And they were busy saying they had a water tight case.Further shows how inept the UPND leaders and their lawyers are. Fipelwa na Lesa bane

    • What makes HH/GBM/UPND cadres thinking they can win this petition is just beyond me!! You guys better chill…Someone has gone to make a cabinet. Stop wasting your time, money and energy on this

    • The distraction worked and the PF lawyers took the bait and concentrated on minors and left the main issues. Now let the games begin.

    • Point of correction HH won central province making them 4 .The other 6 his was getting almost half of the votes Lungu got ,however lungu lost terribly from 3 provinces with huge margins.These 3 provinces also recorded the highest voter turn out.Its not the number of provinces but the number of voters

    • Of course some will be thrown out, people who have been to court will tell you. Thats why lawyers move with suitcases, its not a fashion statement.

    • The other one not thrown away will prove that HH legitimately won these elections.

      The people want HH not lungu.

      Thanks

    • Uuukooooooo !!!! kikikikikikikikikikikikikikiki !!!! Let the security forces continue preparing for the Inaugulation of the President Elect, ECL. The under fives have wasted our time mweeee ,,,,, Duununa duununa Iyeeee, Ayeeeee Duununa Iyeeee Dununa Reverse, Alabambi Bali Muchibe Alaabambi Bola Nakosa ,,,, loo lolo, lololololo lololololo !!!!

    • @ Saulos: In clear contempt of court, ZNBC has aired falsehoods that the constitutional court has thrown out 52 grounds of the presidential petition.

      The truth is that the court did not make any ruling today even in the preliminary issues raised by Edgar Lungu through his lawyers.

      Lungu’s lawyers yesterday raised some issues to which the UPND lawyers have not responded so how can the judge make a ruling?

      It looks like the news aired on ZNBC was written in advance by Frank Bwalya and other PF officials even before the court sat in the morning.
      The Watchdog understands that UPND lawyers may pursue ZNBC and others for contempt of court.

    • THESE FATTY AND NAPPY UPND LEADERS ARE JUST WASTING ZAMBIA’S DEVELOPMENT TIME. WE NEED DEVELOPMENT PLANS TO START BEING IMPLEMENTED AND NOT LOSERS DELAYING THEM FOR THEIR PERSONAL REASONS. ZAMBIANS WANT DEVELOPMENT OLD DEVELOPMENT PLANS IMPLEMENTATIONS FINISHED AND NEW ONES STARTED. NOT LISTENING TO CRY FAT AND NAPPY BABIES CRYING. THEY SHOULD STAND ASIDE SO THAT THE GOVERNMENT STARTS SPENDING MORE TIME ON DEVELOPMENT PROJECTS RATHER THAN WASTING IT ON FAT AND NAPPY ONES.

    • Talked to a friend at supreme court. She confirmed that UPND lawyers were panicking as they have filed the petition under Article 103 and not the correct one that applies for first ballot. This is the major hurdle that UPND is going to face and the whole petition might be thrown out on technicalities.

    • Confirmed:ZNBC editors face contempt of court proceedings

      August 25, 20163

      The UPND legal team has commenced contempt proceedings against ZNBC Director General Richard Mwanza, Assignments editor Kennedy Bwalya and reporter Hannock Kasama for published a false story that the Constitutional Court had struck out some grounds in the petition when no such decision was made by the court.
      Lawyers close to the case told said that the lawyers would apply to the court that the three be cited for contempt of court for publishing a false story aimed at influencing the court and misleading the public over the petition.
      There is heightened desperation within the Patriotic Front ranks over the petition and they have since engage some discredited reporters like former Post correspondent…

    • like former Post correspondent Tilyenji to write fake stories over the petition.
      “Emmanuel Mwamba is working with this group of reporters to mislead the public over the proceedings of the petition.
      “Muvi TV and other stations were deliberately closed so that the public doesn’t really know what is happening. They are trying to create an impression that the petition has already failed in the mind of Zambians as they try hard to get their own favourable judges to decide on this landmark case, ” said a source in the PF.
      According to the source there will be a lot of fake stories about the petition just to deceive the Zambia people.
      “Just watch how things will unfold in the next few days. Mwamba came back over the weekend and immediately he started with getting Muvi to close right now he…

    • “President Lungu also won 7 Provinces (Copperbelt, Lusaka, Luapula, Northern, Muchinga, Eastern and Central Province) while Hichilema won 3 provinces (Southern, Western and North-Western).”

      Why does PF always want to claim popularity in Central Province when they have been beaten twice:

      2016–UPND=177,854 Votes PF=138,517 difference about 40,000 votes?
      2015–UPND=about 60,000 votes PF=about 50,000 difference about 10,000 votes?

      In fact Muchinga & Northern are one Province cos the Population has remained same even after splitting.

      After all what matters is winning more votes than yo opponent regardless of number of Provinces won i.e. if one province gives u 3,000,000 votes & yo opponent gets 400,000 votes from each of 7 provinces he gets combined 2,800,000 votes, u still…

    • After all what matters is winning more votes than yo opponent regardless of number of Provinces won i.e. if one province gives u 3,000,000 votes & yo opponent gets 400,000 votes from each of 7 provinces he gets combined 2,800,000 votes, u still clinch it.

    • hahahaha, ZNBC have been sued for reporting this coz the Concourt has not made any ruling on the grounds of the petition yet. Yaba! 🙂

    • I will be very surprised if UPND get anything from this case, but we dont say then now Lungu you must become a dictator closing news papers and tv stations we are watching you,leave a good legacy .

    • Very biased reporting. ati Lungu won 7 provinces. To start with, geographically UPND won a bigger portion. 2. Lungu only won outrightly (if there is such a word here) in Northern, Luapula, Muchinga and Eastern. 3. HH won Central province. Copperbelt and Lusaka provinces were shared

    • Wearing a G string is sign of what? Once i see a G string wearing lady my BP goes up and something else goes up too. Stop being a hypocrite HH Techilema, i bet your girl wears bambas with panty lines lol. I find panty lines arousing though.

  2. UPND are jokers. They made it look as if they knew what they were doing. Glad the Zambians rejected these jokers

    • Yes only 1,860,877 voted for PF and 1,760,347 voted HH. Big difference right…..? F.ing clown

    • If half of the vote was Tonga then i am proud of them. Maybe they have been picking the right candidates all along.

    • @UPND Cadre From Ngombe Compound Lsk
      You are very amazing with you eyes. How do you see numbers?
      You say ECL had ONLY 1,860,877,
      And you say HH had AS MUCH AS 1,760,347.
      Your eyes are seeing stars; to you 1,860,877 is smaller than 1,760,347.
      My, my, my!! You are the people who throw part saying “I almost passed”, and start laughing at someone who had a credit, saying ” he is dull he couldn’t manage a merit or distinction”, yet in your case you actually failed.

  3. This is the beggining of the end of HH who is surrounded by bitter people. Free advice is HH to wait for 2021 and he may scoop the seat.

    • ALL those 27 remaining are relevant. Someone can be squeezed with only two counts! Why are we jubilating before ruling?

  4. Please stop wasting our time throw out everything and let ECL continue with his great works. Let them wait for the 5years and rebrand there Tonga party

    • Which “great works” are those?

      Stealing K23 million of taxpayers money for himself or bankrupting the nation with 9 billion Dollars of kaloba?

      Zambia can definitely do WITHOUT THOSE!

  5. Law is not about what you know ( Or think you saw but what you can prove) This is an academic exercise coz the grounds thrown out do not bear and significance to ECLs Presidency. 2 change goal 4 finish ball !

    • I agree with you. Just watch the movie “Training Day” by Denzel Washington where He continuously says Law is not about what you know but what you can prove with EVIDENCE, period. UPND don’t have the EVIDENCE, so tools down bane ,,,,,, kikikikikiki. Now when will all foot lead to Heroes for the Inaugulation of ECL, We are tired of this court news mweee !!!

  6. ICI DUNU CILALISHA ABAICE TABA BAKO.
    NDELOLESHA FYE.
    IT IS FURTHER REPORTED THAT A NUMBER OF LAWYERS FOR HH WERE NOT PRESENT TODAY.

  7. Hahaha, great work. Now the real matters begin. You see had they just included the exact number of issues, the defence would have concentrated on them and found technicalities. But now more than 25 issues remain and the petition was not dismissed. The game begins.

    • When you have a case to be heard in before the courts you throw everything you have at it. The Job of the Courts is to scrutinize every inch of paper and evidence. I can see Sakwiba Sikota, dont know which camp he’s on.

  8. The people of of Zambia freely and willingly voted for President Lungu and gave him the 5 years fresh mandate to preside over the National affairs by overwhelmingly getting over 50%+1 votes as required by the Supreme law (constitution) so Kachema and his UPND are just wasting the country’s time and resources.
    We got a lot of work to do, to develop and transform Mother Zambia for prosperity under HE ECL.

    • @ danger

      SOME people voted for Lungu.

      Democracy is normally one man one vote. Unfortunately, some dull people, and dull lawyers, thought it is one man 7000 votes.

      I think they are about learn the error in their thinking!

  9. HH , why are you wasting our time, it is very clear that you do not stand on firm ground with your petition. Just go back to your drawing board and choose your confidant to take over from you because its very clear that you will never rule Zambia. Just accept that you have lost period.

  10. THATS THE WAY THE GAME IS PLAYED. THROW AWAY ALL IRRELEVANT BAGGAGE, THEN SQUEEZE THE CHAP IN A VERY TIGHT CORNER, SLOWLY SUFFOCATING EVERY POINT UNTIL HE SUCCUMBS TO LEGAL DEATH. THEN WE SHALL JOIN THE “DUNUNA REVERSE CEREBRATIONS” AT THE STADIUM.

    DOUBLE DUNUNA

  11. Just one case for Samuel chavula is sufficlient to take down ecl. Coupled with ministers stay in officiant gen12 forms in Lusaka. Muzanya amwe baswamashi.

    • @sovreign chavula ‘s case is the one that holds no water. When he was found in the server was he found playing around figures. The appllent need to prove beyond resonable doubt that Chavula was playing around with figures. Wait a minute kabwala ni pakuboko

  12. ‘The Constitutional Court has thrown 53 of the 80 grounds of the case following preliminary motion raised by President Edgar Lungu’s lawyers on Wednesday, that requested that the grounds of the Petition were irregular and were outside the Jurisdiction pursuant to the provisions of Article 128 and Act no 8 of the 2016 Constitutional.” Mushipe kosa! Showing flesh whilst spewing hate you are not your client you are suppose to be a b##@@@ lawyer 1-0 now see how your other grounds will be biscuit we advised you not to confuse Article 101 with 103 you didn’t listen instead going on roof tops speaker that speaker this..!! using that hired mouth piece the form five drop out Nervous to say ECL is illegally at Plot 1 read…

    • PROFESSOR MVUNGA: CALLS FOR PRESIDENT LUNGU TO STAND DOWN ARE LEGALLY FLAWED? NOT AT ALL!!!!!!!!!!!!!!

      By Peter Sinkamba

      My elder brother, Professor Patrick Mvunga SC, whom I served with on the Mwanakatwe Constitutional Review Commission almost 23 years ago, argues that its wishful thinking for any individual to suggest that the President must step down because there is an election petition in court. He says there is nowhere in the Zambian Constitution where it says a Head of State must step down whenever there is an election petition against his elections after winning elections in the first round.

      I am one of the many citizens that strongly believe that following the enactment of the Constitution of Zambia of 2016, an incumbent Head of State must step whenever there is an…

    • Prof. Mvunga right, there is nowhere where the constitution says whenever there is a petition the incumbent must step down. It says the incumbent must tep down only in a petition following a victory in a second run, NOT WHENEVER, as was wished by UPND.

  13. BASIC QUESTION, BANE, WHERE IN ANY DEMOCRACY CAN ONE BECOME PRESIDENT WITH ONLY 55 SEATS OUT OF A POSSIBLE 135?

  14. This therefore means that the UPND ground they standing on in this petition has already been depleted by 66%. The remaining 44% will be still be fought to 0% during the hearing. Conceding defeat would have made HH an honourable man than filing in a petition. Bravo Team ECL.

    • It is 66.25% depleted 33.75 remaining, be specific other wise ba UPND will start agueing that grounds depleted have not made up 50% plus 1 kikikikikikikikiikiki

    • Hence the phrase innocent till proven guilty. ..the onus is for you to prove they are murderers not Kangaroo court!

    • Does it mean all those voters with a difference of 100 000 come from the three provices? Then the 3 provinces have huge numbers!

    • Linda it is like any match. Ok maybe not necessarily as in this case it was 50% plus 1 votes cast. After Lungu got that it means that in other provinces even if he got 12 and HH 10 Lungu carried the day. You can’t go to a football match and say that even if it was 5 -4 against me I still won the World Cup. The one that got 5 gets the Cup.

  15. IT IS ENOUGH IF SOMEONE CALLS YOU A FOOL.
    BUT IF YOU ALLOW HIM TO PROVE THAT YOU ARE INDEED A FOOL, IS MUCH WORSE, THEN YOU ARE FOOL HARDY.

  16. @ Sovereign then why haven’t your 14 man legal team filed that “Just one case for Samuel chavula!” if its that water tight? 2. The ministers stay was ruled upon they were asked to repay every cent, you think the court will re-open a matter it has ruled on already? Your 14 man team should ensured the former minister are held accountable and pay back. Lastly the Gen 12 are now in court custody on an application from team Mushipe…perhaps the argument is that UPnd did not get copies mwah…oh and lets not forget one former minister is now facing charges of aggravated robbery to rob an ECZ van of the Gen 12 you can go help in his matter now that ‘one act’ will lock him up for a long long time…mukose

  17. Some i.diots where insulting Prof. Mvunga only yesterday. 53 of the more than eighty grounds thrown out. This means they lied and where relying on emotional utterances from that Mushipe naked woman. Just wait the few remaining grounds are dealt with and you will cry more like cows

  18. WATER TIGHT CASE HAS BEEN PUNCTURED 53 OUT OF 80 TIMES. NOW LEAKING SLOWLY.
    BA HH, YOUR PETITION IS ACTUALLY IRRITATING.
    YOUR FOOLISH AGENTS WERE PRESENT DURING VOTING AND TOTALING. AND THEY SIGNED FOR THE RESULTS. SURELY, HOW CAN YOU SAY SOME ONE STOLE YOUR VOTES? ALL VOTES ARE TALLIED AND ARE CONFIRMING THAT YOU LOST. PLEASE SAVE YOUR MONEY. THE LAWYERS WILL MILK YOU TO THE LAST PENNY.

    …….OH, DID I JUST REVEL THE SECRETE?…..I AM ALSO A LAWYER, PLEASE HH CAN YOU HIRE ME. YOU SEE SIR , WE CAN WIN THIS CASE. LETS JUST NEGOTIATE THE TERMS. I AM AWAITING THE INITIAL CONSULTATION FEE DEPOSIT IN MY BANK ACCOUNT BEFORE I CAN START WORKING ON THIS CASE. WE NEED TO HARRY UP.

  19. kkkkkkkkkkkkkkkk…………………………..ala ba HH bena kucula culafye…………………kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk……………..bwafya sana

  20. When Adolf Hitler went for communists, homos and Jews, non-targeted groups cheered him on. When he went to override Poland some Belgians cheered and even volunteered in some of Pantzer infantry brigades. In France people realized too late that a monster had been created by their acquiescence. Some of you are delighted by the events following the electoral fraud because you feel invincible. Do not please forget that Kaunda Kenneth Buchizya also felt invincible in the early 1980s. His downfall was cataclysmic. PF’s downfall will not be any different. All we need is time and mark my words their profligacy, braggadocio and lies will catch up with them.

    • War lord, Kenneth David Kaunda proudly conceded defeat. That cannot be described as a downfall. The bushman Chiluba ruined our democracy by introducing the same thing of going after your predecessors. He even brought in Scotland yard to investigate KK and what did he find? ZZZZZIIP. Nothing NADA, KK was an honourable leader

  21. How many previous ministers retained their seats? we need to nullify their re elections. you never know who will have the high number of mps.

  22. Truth be told, Edgar Lungu won the elections convincingly. Pompous and depreciated politicians such as Nevers Mumba, GBM, Guy Scott, Mulenga Sata, Masebo, Maureen Mwanawasa are just finishing HH. Its good that HH allowed them to mess him up. HH would not have pertitioned the elections. All he needed to do was to concede defeat, sing ONE ZAMBIA ONE NATION and continue providing checks and balances so that in 2021 he stands another chance. Its a pity that time has catch up with him and he will never be president of this great nation. Pomposity does not take any where

    • Kainde still has a chance.

      When the petition is over, let him stand on an anthill, denounce GBM, Scott, Mumembe, Mulenga, Miles and finally Neves (as per Sata) and apologise to his loyal members (especially Canicius whom he promised a job publicly) and supporters for this mess he has brought upon them, call for a convention, make sure he wins, wait for Edgar to fail and then relaunch..!

      Will Edgar fail?

  23. HH leave zambians alone. Why do you want them to fight just for your selfish ambitions. You are not weath to be a leader. Your character betrays you. Only those who don’t know you think that you are good but the truth is that you are the devil himself. Here where you come from your own people you lead are doing bad things as per your instructions. Don’t pretend. We know you better. Jail him (HH) his is a bad bad man.

  24. Is it so hard to see, of course it was tactical!

    If you think UPND lawyers can’t read you are mistaken. This was more of ‘lay’ booby-traps with the petition and see if the PF guys are wide awake. Proved they are so far!

    Next act please and let’s see how it pans out. I see sweat either side of the divide; including the Concourt itself.

    I’m loving this!

    • Trap? You set a trap where you finally lose?
      If I were UPND I would not attempt to set up a trap against myself.
      Even comedians don’t do that.

  25. Brothers AND Sisters SIN IS SIN whether you kill or caught committing adultery, you have sinned in the eyes of God.
    IF THERE ARE ISSUES THROWN OUT IT DOES NOT MEAN THE CASE IS CLOSED. THE CASE IS JUST STARTING LIKE THAT SO THAT YOU BECOME HAPPY BUT WAIT AN SEE FRIDAY IT WILL BE ANOTHER TURN EVERYTHING WILL BE SOUR.
    WHEN YOU THINK I HAVE ACHIEVED VICTORY THAT IS WHEN THE LORD SHOWS YOU HOW FAR YOU ARE.
    WHEN YOU THINK AM A BORN AGAIN PURE CHRISTIAN THAT IS WHEN THE LORD WILL SHOW YOU HOW SINIFULLLLLLL YOU ARE
    WAIT AND SEE DONT RUSH THINGS.

  26. FIGHTING a legal battle in the legal arena against a President who is a lawyer and expert in the legal arena is not only fight a losing battle but stupid not to prepare oneself before such a battle.

    • @38 FX. David, a mere sheep herder, defeated Goliath a fearsome seasoned soldier. Just because one is a lawyer is not an assurance for victory. Or else ECL would not have burgled the Ministers’ stay in office matter which may now prove to be too costly for PF. Or why Mutembo has ended with a soiled face even though he was DPP!

  27. THE PRESSURE IS ON THE OTHER SIDE (CHUCKLES)
    =======================
    Conceding defeat first time is better than dragging issues without due aim! It helps you heal faster too! You will end up opening wounds of political defeat when the con-courts gives you a ka final slap in the face.
    Kikikikikikikikikikiki!
    Meanwhile ECL is composing his cabinet, assigning new office bearers in the ministries! The wining Team!
    ~SIGHING~
    Let the overzealous failed politicians fight their own battles, TeamPF ni all smiles chabe.

  28. by tommorow another 16 will be thrown out then monday the rest will be deliberated and thrown out !! yaba what a waste of every zambians time – UPND are lumpens mwe, I personally I am so fade up with these wanna be!! dununa reverse chikoko mwikate – All roads are leading to heroes !!! Bit pill it is to swallow for UPND Supporters – but hey such is life !!

    • …And immediately Mushipa will present an invoice to HH and demand payment. The biggest loser in all this is Under-5 HH. Fight HH2016 was condemned before the engines could be fired!

  29. So ECL won in 7 Provs out of 10. But all he has to show for it is just a marginal 3% above his closest competition! I think that’s pathetic. It’s like fighting a one handed person but people can’t really see you beat the guy convincingly. That’s why the matter has gone to ConCourt.

    • @Njoko, an election is an election. One candidate can lose just by a mare ‘one’ vote. What of 100,530 vote difference? Think about it.

    • @Misozi I hear you. It’s just that the way PF is going on is like they beat the guy by leaps and bounds. Especially that they had the benefit of incumbency; abused in some respects. Had they been convincing the country would not be engulfed in the current malaise.

      By the way, 100 000 votes is only equivalent to three constituencies. It’s no big deal.

    • Njoko – The Constitution says 50%+1. Also note that almost 30% of the votes that HH got came from his homeland (not just stronghold). That should be a more worrying result for you.

    • @Njoka, bear in mind that ECL was dundumwezed in SP, HH would have suffered a heavy defeat had they not applied the dundumwezi formula in SP.

    • It is better to show 3% above your contender than to show 3% below you contender .
      Effectively, thiseans HH would have needed 6% to be where ECL is.
      While people are happy that ECL won by 3%, others are happy that HH lost by only 3%.
      Now, 3% was little difference, why did HH fail to get it?
      There is no need to celebrate that you almost passed when you failed.

  30. Quality rather than quantity means everything in our society. ECL and the PD put up a well packaged campaign message which resonated very well with the voters and no wonder Zambians from all walks of life turned in huge numbers to reaffirm President Lungu as the man they trust with National Affairs and gave him a resounding Yes victory of over 50%+1. Whilst the Under 5 thought he would ryn before walking overrated himself, and insulted the intelligent of Zambians, ECL focused on the development he had achieved despite the global economic meltdown. It is on record that this HH saw and sensed defeat well before the voting day hence his constant threats that he would not accept defeat. Concourt, please throw the remaining 27 grounds because there is no quality but quantity, remember the 14…

    • With out illigally using public funds and the police and intimidating the opposition there is no way lungu could have won.

      Pathetic moral Lose for a goverment who spent $10 billion on projects and using all goverment machinary to oppress divergent views only to be rejected more than half the people.

    • HH was over confident of winning because of the rigging scheme that VJ had helped him come up with in his strongholds. And had it not been for this rigging ECL could have won by more than 60%. This is the reason why people in other provinces are not demonstrating because they know that the person they voted for (ECL) has won – All monitors have confirmed that and the ConCourt will simply put icing on the cake in a few days from now!!!!

    • @njoka the votes in other 7 provinces where ELC won were not based on tribal voting however, in the 3 provinces voting was on tribal lines hence the results. @Njoka you should also know that 100000 plus people did not want hh

    • Mutinta, what’s that saying about the kettle calling the pot black. I suggest you objectively look at the voting patterns again.

      It’s a fact PF are the only ones who championed and campaigned on tribal lines which is really pathetic. In this day and age really?

  31. Enlightenment entails to radically reorient ones reasoning from basic which is actually primitive to one based on information and reason. The problem we have in Zambia is that most of the people are not yet enlightened and as such they don’t attach reason to their lives; just like tree branches that bend in the direction the wind is blowing. Until we embrace reason through enlightenment we shall continue having mediocre leaders like Edgar who base their rule on ignorance of the masses. Even with his necked dictatorial tendencies the unenlightened wouldn’t see the potential danger he possesses.

  32. Imwe, is it not this Kachema and Fat Albert who pompously called the National Day of Prayer as utter rubbish? And how come the same maggot is now running to the Body of Christ to be rescued? Why has the International Observers who spent millions of dollars to monitor our elections congratulate President Lungu on his re-election? Surely, HH and the cartel must not misuse and waste our time and that of the Concourt because when tempers rise, the people who have legitimately given President Lungu and PF the fresh mandate may erupt and no one wants to see their wrath, go on the ground and see how popular Lungu is!

  33. @38 FX. David, a mere sheep herder, defeated Goliath a fearsome seasoned soldier. Just because one is a lawyer is not an assurance for victory. Or else ECL would not have burgled the Ministers’ stay in office matter which may now prove to be too costly for PF. Or why Mutembo has ended with a soiled face even though he was DPP!

  34. Tribalist at work pretending Zambia is one Nation only if it suits Bembas and Easterners. Others tribes are regarded as nothing. This war is not about winning the election, it is tribalism working. I end here.

  35. This is a clear case of failed petition. College students should start preparing to do a case study or write a research paper on UPND post elections failed petition. This would be a good research paper don’t you guys think so???????????

  36. Both ECL and HH are full time Zambians with the right to govern Zambia, based on the numbers in favour through the ballot. The process that is unfolding, is still a part of the democracy of our country. The expressions of “love one” and”hate the other” being expressed either side are quite intriguing. Either way, one of the two Zambian men, ECL or HH will be president of the country and we must all be patient for finalization of the court ruling and support the winner 100%. And when people vote, they need to be ready for a win or loose result of their candidate. The country cannot be so divided on this matter as if it is football. Let love for one and the other Zambian be of supreme value than anything else. God bless Zambia

  37. ba under five, round one has been ably handled by NOEL SIMWANZA who has inflicted massive losses on
    mushipe and her dull father mwiimbu. The last round is for inkokotela sha ma buku ba SC SIKOTA, MUTALE,
    SILWAMBA AND PROF MVUNGA.
    Halila hagain ni chumbu nshololwa. when a petition is irregular and incompetently done, how do you
    straighten it? you just throw it away as it is of no use, so is halila hagain. he is of no use to us the
    citizens. we don’t want him. we told him so in the election. he can never rule Zambia. he can be council chairman for dundumwezinand namwala

  38. PROFESSOR MVUNGA: CALLS FOR PRESIDENT LUNGU TO STAND DOWN ARE LEGALLY FLAWED? NOT AT ALL!!!!!!!!!!!!!!

    By Peter Sinkamba

    My elder brother, Professor Patrick Mvunga SC, whom I served with on the Mwanakatwe Constitutional Review Commission almost 23 years ago, argues that its wishful thinking for any individual to suggest that the President must step down because there is an election petition in court. He says there is nowhere in the Zambian Constitution where it says a Head of State must step down whenever there is an election petition against his elections after winning elections in the first round.

    I am one of the many citizens that strongly believe that following the enactment of the Constitution of Zambia of 2016, an incumbent Head of State must step whenever there is an…

    • Who’s Peter Sinkamba compared to Prof Mvunga? He’s just trying to find relevance in all this…jst step aside Sinkamba and let HH and ECL carry on with this fight.

  39. Pathetic moral Lose for lungu who thought spending $10 billion on projects will automatically give him all the votes.

    He has illigally used ministers and public funds to campain for him, he has used ZP to oppress and arrest the opposition, he has used ZRA and IBA to shut down or threaten media houses that oppose him.

    Then we have vote stealing…..now they are operating and spreading false xenophobic acts

    • Perhaps he would have been justified if he had targeted important ones like ZR and export routes but alas! The way I see it very soon those cadres will start uprooting what remains of the railroad to sell as scrap. Especially when the IMF bitter pill takes effect soon.

  40. elyo naiwe ka paster kabufi how can you call photos taken in namwala showing DC and Patrick kangwa
    south Afriecan ukulwisha fye ka mane kuli under five? shame on you, you are a disgrace to the clergy and
    all menfolk. learn to earn your own money, not fleecing other people’s money, there is no dignity
    in what you are doing, fake man of GOD.

  41. I think HH must arrested, locked up and thrown into the deep sea. He can’t surely be the only person who bellies and undermines our intelligence and conscious.Zambians have tolerated this guy for far too long and can’t continue pushing us against the wall and in each and every Presidential elections, NO, NO, NO, NO!!!!!!!!
    This HH is slowly trying to change our peaceful nature to deadly and dangerous species so please take heed.

    • No stress there Danger! If late MCS was gagged or caged those many times he did stuff PF would never had a chance to be government today. It will not do or it’s not up to you to shut the door other Zambians. If it’s not illegal thou shall not call evil. The UPND guys are not breaking the law of the land. They are just claiming what’s in the law. Just to remind you in case you forgot!

  42. Iwe Osman, bushe ni ECL, State Counsel ulelandapo nangu ni under 5 HH? We told you that HE is a lawyer but you couldn’t listen you see now all of you bana ba under 5. wake up how can a team of 14 lawyers miss, no they knew but since HH & GBM insisted thinking the concourt will rule in their favour like what they did with the Min. case. money is not every thing. that is why some did not even attend the sittings, ntota ba HH and group.

  43. UPND SUPPORTERS START PREPARING FOR ANOTHER LOSS IN 2021 ECL IS BUSY MAKING A CABINET AND YOU THINK HH AND FATT ALBERT WILL WIN. PLEASE SOBER UP NO WONDER SOME OF YOU WERE CELEBRATING A LOSS IN MAZABUKA. WHETHER YOU WANT OR NOT YOU ARE GONE IN THE DRAINS SO WILL BE YOUR LEADERS.
    OF COURSE YOU ARE FREE TO FOOLISHLY CONSOLE YOURSELVES ITS YOUR DEMOCRATIC RIGHT. CI DUNU CA BANA PF IS ABOVE YOUR LEVEL IT WAS FORMED AFTER UPND AND ITS NOW RULING PLEASE

    EVALUATE YOUR LOSSES OTHERWISE YOU WILL BE PERPETUAL LOSERS WITH A LOT OF EXCESS BAGGAGE SUCH AS GBM, MASEBO, MILES SAMPA, MWALITETA THE CONVICT AND THE MOST FOOLISH MAN IN A WHITE SKIN GUY SCOT.

  44. HH & UPND are kicking against the pricks. Put it the other way, they are towing the mountain to roll like a four wheeled vehicle. The respondent Lungu himself is a lawyer by profession whilst HH is not a lawyer and will wholly rely on the lawyers to mess him up as they get more rich whilst Lungu can even give some in put to his lawyers. It is like client for a fisherman giving donation of fish to the fisherman?

  45. I think we can all agree that Lungu won the election but not with 50% of the votes. Best way to keep peace, have second turn with only Lungu and HH. I am sure every Zambian will be ok and will move on with daily life.

    • And who will pay for the second turn? What is the guarantee that there would not be another petition and another third run?
      Is it some kind of a joke?

  46. Im disappointed with Lusaka times. shocking how they have tuned the truth upsidedown.
    The reportig is also inept.

    • I actually expected ECL to pull a decent one than just a ka mere 50.3%. Not after wasting all those government resources as in ZNBC, ZAF, Police, musicians, you name it. Gosh it’s so annoying. He’s wasted everyone’s time. Did he learn properly from Uncle Bob or better still Museveni? Now he has given the losers reason to challenge him. Even me I would if somebody beat me by a ka mere 3% equivalent to only 3 constituencies!

    • @Njoko,
      Why should ECL bother himself pulling a lot of votes when all that is required is 50% + 1 vote.. He exceeded 50% by more than 13,000 votes, and he beat HH by over 100,000 votes. To be in the position. If ECL, HH needed over 200,000 votes more.

    • @Njoko,
      Why should ECL bother himself pulling a lot of votes when all that is required is 50% + 1 vote.. He exceeded 50% by more than 13,000 votes, and he beat HH by over 100,000 votes. To be in the position of ECL, HH needed over 200,000 votes more.

  47. As the saying goes, “a fly that does not listen is buried along side with the corpse.HH stop paying those lawyers like Mushipe,save the little you are remaining with for near future court cases and elections. It is never too late to say sorry to Zambians just apologies unreservedly for UPND’s regional violence towards other tribes and withdraw the petition(27) just like Sata(RIP) did when he saw that it could not go his way and strategies for 2021.

  48. Confirmed rned:ZNBC editors face contempt of court proceedings.

    UPND legal team has commenced contempt proceedings against ZNBC Director General Richard Mwanza, Assignments editor Kennedy Bwalya and reporter Hannock Kasama for published a false story that the Constitutional Court had struck out some grounds in the petition when no such decision was made by the court.

    Lawyers close to the case told the Zambian watchdog that the lawyers would apply to the court that the three be cited for contempt of court for publishing a false story aimed at influencing the court and misleading the public over the petition.

    There is hightened desperation within the Patriotic Front ranks over the petition and they have since engage some discredited reporters like former Post…

    • If that’s true, it’s high time ZNBC is called to order. In fact the individuals behind this should be made to pay and not ZNBC per se! Maybe people will think twice next time.

  49. We better worry more about Zambia’s economic performance going forward, job creation and whether more Zambians will join the huge pool of poor people or emerge out of poverty and afford a meal, education, health and fair living standard. This is of the essence than just supporting presidential candidates. how do we make this happen, whoever carries Zambia forward?

    • Steven, couldn’t agree more with you there. Tribe or name calling won’t put food on the table. Zambia’s performance on the world stage is too embarrassing to say the least. The rankings are there for anyone to see.

  50. STATES! The Constitution states! (3) Where an election petition is filed against the incumbent,
    under Article 103 (1), or an election is nullified. Why should one go to file under article 101? Article 103 provides for Election Petition and states: 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— ‘ Law is not as complicated to understand as nature wants to make it be. The major problem with filing under 103 is that it has implications some people don’t want to recognize or accept!

  51. All those supporting ECL you are selfish and ignorant, you cant see where ECL is taking this country, you will be in problems soon, you cant read the future of this nation under ECL. Shame on you for you are so stupid to celebrate your own suffering and death. If anything i would have let ECL rule just for another 5 years for you to appreciate my words. Wake up Zambia ECL is a snake hired to kill Zambia, where is the post, MUVI ,Komboni just to mention a few, soon it will be who says anything against ECL will be arrested wait and see you who are selfish and blind

  52. Court has not removed anything from the petition. kwena PF Zambians you are illiterates. The Concourt has not made any judgement on any preliminaries by both sides, and yet you social media lawyers are busy celebrating what is not there. Just wait for bombs from tomorrow and early next week.

    • DONT BE DULL. YES THE CONCORT HAS NOT YET MADE A RULING. BUT WHAT WE ARE SAYING IS THAT EVEN BEFORE THEY MAKE THE RULING, 53 OUT OF 80 OF THE UPND GROUNDS HAVE BEEN THROWN OUT. YES THE COURT MAY HAVE BLASTED THE PF LAWYERS FOR WHATEVER REASON. BUT ONE THING IS CLEAR, 53 OUT OF 80 UPND GROUDS HAVE BEEN THROWN OUT. WE DO NOT KNOW HOW MANY MORE ARE TO BE THROWN OUT TOMORROW.

  53. You are all blaming the wrong people , the reason this case is in court is because the ECZ did a bad job with the elections , people showing up in the server room, announcing wrong figures, Lusaka polling stations not having G12 forms , HH’s votes found in the bin, how do you expect him to accept the results

  54. @ Ndonga, are u the only one seeing snakes in Lungu. Please let the of the people prevail. For the past one year plus he has ruled people have known. The devil you know is better than the angel you don’t know .

    • Abena K, probability teaches us that there’s also an equal chance that the Angel you don’t know may just turn out fine. How do you explain the fact that Zambia has had 6 presidents so far. To use your analogy, the sitting devils in plot 1 were actually substituted with the angel that was not known at least five times in the past!

  55. Ba PF, you have already started taking your positions in the Hospitals with BP, wait! Why have you failed to celebrate if you won? Stop stealing. Forget concocted stories by Lusaka Times and wait for the verdict. You failed to steal the vote. Evidence is there in pictures obtained from ZNBC and anything different will have to be explained.

  56. As President Elect Lungu goes into Mfuwe to reflect I hope he has learnt from china in his 20 months in office that Zambia needs an industrial policy; all of the useless Western talk and “capacity building” will take us nowhere. Secondly he needs a civil service that is fit for purpose and President Lungu must check that road tycoons to government officials, have become rich because of hard work and integrity. Receiving and granting favors illegally is what makes a small group of citizens the wealthiest, with the biggest houses, alluring cars and private jets. Well done for winning

  57. Why dance around the technicallities? Just recount the ballots and declare HH Winner and disqualify Lungu for fraud.

  58. Golithe vs David: 6 provinces + ECZ province = 7 provinces vs 4 provinces. Golithe was bad news with ECZ providing Chitulika Constituency and Lundazi Junior Consistituency(8000 votes). PF is really bad news with ECZ province on its side. Maybe ConCourt Province which didnt take part in the election can…

  59. Zambia is no longer a Christian nation, because of the fruits of the fresh which the Zambians are showing clearly. Hate speech,discrimination, tribalism, Jeoluisy, Stealing, Killing innocent Civilians for the sake of power, covetousness, selfishness no Love for others, Liies, the list is endless. I wish leaders like Nelson Mandela could live for ever.

  60. WHICH IS WHICH? Do you file under Article 103 or Article 101? If you don’t know the Constitution of Zambia you will then file under Article 101. These two Articles (Article 101 and 103) are similar. The difference is that Article 101 is contained in the draft constitution and Article 103 is contained in the legal Constitution that the President assented to on 5 January 2016.

  61. How says HH only won in three provinces? HH won in four provinces and some seats in Lusaka and was doing well in the remaing provinces and the matter is the illegalities during elections.Can you imagine using illegal ministers and state machinery only to get these votes by government in its first five years?
    This is really embarrassing to the sitting head of state.The case is not who won many seats but who got many votes.
    By the way where is the Chavula who was found in the server room and when did Mumbi Phiri become an ECZ official to receive ballot papers at City airport?
    It is shame that ECZ has brought this shame on Zambia.
    This stolen victory will put pressure on Lungu as i expect many riots in the coming years to economic hardships.
    I am told loadshelding has started again

  62. As I wrote yesterday: (Sec 103 is the right one)
    My understanding; Under Article 103, the Constitution envisages that any of the two candidates can file a petition. Remember that before the inauguration or swearing into office, Lungu can be both President-elect as declared by the chairman of the electrol commission under Article 101 and incumbent. HH can only be a President-elect before the inauguration. Article 104(3) then refers back to the Petition under Article 103, i.e. to say that where the President-elect is also the incumbent (who can only be Lungu in this circumstance), the speaker will assume the executive functions while the case is before the court. Incumbent is the one who has held the political office being contested.

  63. @Njoko,
    Why should ECL bother himself pulling a lot of votes when all that is required is 50% + 1 vote.. He exceeded 50% by more than 13,000 votes, and he beat HH by over 100,000 votes. To be in the position of ECL, HH needed over 200,000 votes more.

    • Baba Peace for Zambia, even you don’t really believe what you are saying! Why else would PF pull all the plugs as in total blackout for the opposition. PF raised peoples expectation that they would white-wash UPND. Clearly they didn’t, which is very disappointing because they shouted a TKO during campaigns. Had they won convincingly the President-elect would now have been sworn in. But alas talk is easy, walking the talk is another matter altogether. My only worry is that Zed finds itself in a limbo. This compounded by the new constitution or seemingly lack of understanding thereof. I hope ECL’s continued occupation of the presidency stands on solid advice. It will be grossly embarrassing if again the Courts find that it is illegal.

    • My point is how can you beat drums about winning in 7 provinces out 10 but only by 3%, that’s too close to call. It isn’t really convincing. Before the elections PF pundits were predicting 60% and above. It should have been close to that considering there was no level playing field. PF’s inability to master that is now delaying IMF’s coming. Zambia might as well know it’s fate already; and easy, it won’t be! Gosh can’t Zed ever get anything right!

    • Zambia has it right already.
      ECL was voted for by the majority, that is democracy.
      That is what we call: right.
      Not what UPND calls ‘ right’,
      If I win it will be right, and I will accept the results.
      If I lose it will be wrong, and I won’t accept results.
      That type of democracy defined by UPND, we don’t recognize.
      “They have declared someone else winner, rise up and defend your democracy!!” What type of sense is that?
      Now look at the chaos caused in UPND strongholds because of HH’ s call for rising up to defend ‘democracy’, which democracy – selfish and personal interest at all costs?

  64. At the moment HH is not a President-elect. Lungu is, as declared by the returning officer. But since there is now a petition, Lungu cannot be declared President yet. He is thus the incumbent and President-elect. Under Article 104(3), the Speaker assumes executive functions where the petition under Article 103 is against the President who is both President-elect and incumbent. HH would be President-elect if he had been declared as such, but would not be the incumbent if Lungu decided to petition the declaration. I can only imagine that the idea of having the speaker stand in was to avoid the incumbent (who already has the state machinery at his/her disposal from simply going ahead with his inauguration and exercising executive powers with impunity)

  65. I’m no lawyer but even I can defend EL…coz EL has no case to answer… HH and GBM should were supposed to sue ECZ… but when your client is GBM is disaster,..GBM instructing laywer is like a grade 1 studying for Albert Einstein law of Relativity.. … laywers are so confused and are not sure what to make of instruction from GBM and bitter-man HH…

  66. Take deep breaths and lots of water.

    Tickled by the trigger happiness exhibited en masse.

    Consider the source.

  67. Lusaka Times arent u embarrased that we have known that the story is false. If I was the editor at LT I would have withdrawn the story and fire the journalist involved in the story. These are media houses whose licenses should be withdrawn.

  68. Did l hear someone mention that Meembe has joined the petitioners. Who doesn’t know that Mmembe bought his law degree from ZIALES along with a few others l know. And you are left wondering as to why we find ourselves in such legal quadmires

    • Do not blame Mmembe, sort out the corrupt sellers of fake qualifications. Of course the corruptor and the corruptee are both liable to the laws of the land. but who will be the judge? You mean those who fraudulently got their qualification and you did not report them because you are related to them?You are also liable for conviction for concealing useful information.

  69. Who listened attentively? Who actually saw the thrown out “portions”, Do not carry the smoke claiming it is fire. Lusaka Times reported 53, ZNBC reported 52, Watchdog reported no part of the petition thrown out so far. Dull bloggers keep on arguing. 53, 52 or Zero? Two or more could be lying to us. But soon the TRUE truth will be known.

  70. That’s the problem of PF cadres they just go to media houses that excites them with lies then starts blowing the fake news read you ignorant people and research to find the truth ignorance does not pay shame

  71. @91.1, 91.2 – Njoko,
    What are you taking about? Zambia has it right already, except HH is trying to bring chaos.
    ECL was voted for by the majority, that is democracy.
    That is what we call: right.
    Not what UPND calls ‘ right’,
    If I win it will be right, and I will accept the results.
    If I lose it will be wrong, and I won’t accept results.
    That type of democracy defined by UPND, we don’t recognize.
    “They have declared someone else winner, rise up and defend your democracy!!”
    What type of sense is that?
    Now look at the chaos caused in UPND strongholds because of HH’ s call for rising up to defend ‘democracy’, which democracy – selfish and personal interest at all costs?

    • @Peace for Zambia, you completely miss the point. I too want things to move forward. PF were big on ‘talk’ but marginal on delivery. This notwithstanding that they completely attempted to black out their opponents as you, me and everyone else knows. They should not have given UPND room to challenge the results if they had won big. Clearly they didn’t. The challengers now think (and rightly so given the margins) they can erase the 3% if they can prove the irregularities. What you call the majority i.e. 50.3% against 49.7% is just too close. Do you now get my point? PF should have won convincingly – reference point, Museveni in Uganda.

  72. DUBAI BALLOT PAPER-NDELOLESHAFYE.
    1.WHO WILL BE THE NEXT LEADER AFTER HH? GUESS..
    ANSWER. HAKA MWAMBA HAGBM
    2. WHAT ACADEMIC QUALITIES DOES HE HAVE?
    ANSWER. …………

  73. After ghost votes ( lundazi, mandevu, munali, lusaka central, chawama, kanyama, livingstone ) removal from ECL lost the election. Stop trying to win by stealing/ fraud when not popular.

  74. mise that was made by the opposition, “UPND” leaders? They said they would not accept the election results if they lost. The petition is merely is the fulling of their promise. Coming back to the accusation of stealing results. The fact that an error has been spotted and accepted by the ECZ shows that PF might have tempered with the votes.

    In politics, the one with most connections, who is able to create very sweet lies, one who is able to deceive even the seemingly wise, emerges as a victor. In as much as Mr. Lungu has managed to deceive most Zambians especially by going from church to church pretending to want to worship God, Mr. HH has managed to make Tongas and their tribal cousins not to want to do anything with other tribes. I know someone will try to say no, in fact, if you…

  75. Deliberately putting away the claim that PF stole the votes. Don’t you all remember the promise that was made by the opposition, “UPND” leaders? They said they would not accept the election results if they lost. The petition is merely is the fulling of their promise. Coming back to the accusation of stealing results. The fact that an error has been spotted and accepted by the ECZ shows that PF might have tempered with the votes.

    In politics, the one with most connections, who is able to create very sweet lies, one who is able to deceive even the seemingly wise, emerges as a victor. In as much as Mr. Lungu has managed to deceive most Zambians especially by going from church to church pretending to want to worship God, Mr. HH has managed to make Tongas and their tribal cousins not…

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