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.