President Edgar Lungu take Photo with Constitutional Court President and Judges (2nr) Constitutional Court President justice Hildah Chibomba, (r) Constitutional Court Judge Justice Mulenga Mugeni, (from left) Constitutional Court Judge Justice Mwewe Anne Sitali (l) Constitutional Court Judge Justice Enock Mulembe, and Constitutional Court Judge Palan Mulonda shortly after swearing in Ceremony of Constitutional Court Judges at State House
FILE: President Edgar Lungu take Photo with Constitutional Court President and Judges (2nr) Constitutional Court President justice Hildah Chibomba, (r) Constitutional Court Judge Justice Mulenga Mugeni, (from left) Constitutional Court Judge Justice Mwewe Anne Sitali (l) Constitutional Court Judge Justice Enock Mulembe, and Constitutional Court Judge Palan Mulonda shortly after swearing in Ceremony of Constitutional Court Judges at State House

By Andrew Ntewewe YALI President

CONSTITUTIONAL COURT JURISDICTION TO HEAR PRESIDNTIAL PETITION AFTER 14 DAYS MAY SOON BE QUESTIONED

The Young African Leaders Initiative (YALI) is deeply concerned that it is now seven (7) days after the UPND presidential candidate Mr. Hakainde Hichilema and his running mate, Mr. Geoffrey Bwalya Mwamba, filed their petition challenging the declaration of Mr. Edgar Chagwa Lungu as president-elect in the Presidential election held on 11 August, 2016 and no hearing has so far taken place.

We are alive to the fact that the Respondents have raised serious preliminary issues which, procedural, may have to be determined before the petition can be heard and we do not know how many more preliminary issues may be raised in the coming days.

YALI is concerned that, seven (7) after filing, the Court has not even began to hear the substantive matter, a situation which has created anxiety among businesses and citizens supporting both the ruling and opposition parties. The petition was filed in the Constitutional Court on Friday, 19 August, 2016.

Over the last few days, the nation has been informed of the delays by petitioners in serving the petition on the two respondents despite the time limit imposed on the Court by the Constitution itself, within which hearing should commence.

The nation needs to know that the Constitutional Court operates within the realm and limitations imposed by the Constitution; we are concerned therefore that if the 14-day period stipulated for the commencement of hearing ends next week on Friday without the court having commenced hearing the matter. YALI shall not be suprised to see the procedural basis and jurisdiction of the court hearing the matter outside the 14-day being challenged, where some may feel that the matter will, at point, be statute or time-barred from being heard by the Constitutional Court.

As far as YALI is aware, the Attorney General is reported to have been served with the petition on Tuesday, 23 August 2016 and, by law and rules of the Constitutional Court, the Attorney General has 5 days to respond to this petition. The 5-day period ends on Tuesday, 30th August 2016. On the other hand, the petitioners will have 2 days in which to respond to the reply by the Attorney General and will have until September 1, 2016. The 14-day period in which the petition must be heard will also expire on Friday September 2, 2016.

We wonder what will happen to the constitutionality of the 14-day time-frame provided under the Constitution in which the Constitutional Court will have to conduct the hearing from time the petition is filed. Under Article 269 of the Constitution of Zambia, the 14 days include the excluded days of Saturday, Sunday and any holidays.

The rationale behind the total of the twenty one-day period for the filing and hearing of Presidential petition emanates from the fact that aggrieved parties ought to have a clear case presented, in accordance with Order XIV of Constitutional Court Rules, within 7 days from the declaration of presidential election results, and that hearing must commence within 14 days as per provisions of the Constitution.

For many years, Zambians have been very clear in their demand that all legal matters associated with the election of the President, MPs and councillors, should be dealt with expediently and disposed of within a short period of time, hence the 14-day period constitutional provision for hearing any presidential petition.

YALI is of the view, therefore, that after the expiry of the 14-day period imposed by the Constitution for commencement of the hearing, if there is no hearing at all, the inauguration of the President-elect elect must be allowed to proceed. The 21 day waiting period, already is proving too much to bear among all Zambians.

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130 COMMENTS

  1. The UPND are the first people to file petitions yet they scoffed the amended Constitution which was signed by His Excellency Edgar Chagwa Lungu and brought the Con Court into existence.

    Harmageddon Hichilema (HH), the devil lives in you Satamic hypocrite. Return to the pits of hell you demon, we reject you.

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    • Armageddon means holy war by God(Jehova)against evil dowers.those who rigged(PF) has the reason to fear Armageddon.

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    • You how good zambia can be without those PF ministers? How calm zambian can be without the Mumbi Phiris, Zambia is a beautiful country, if those RB purpets where hard limited power. Zambia feel so good without those Tasilas all over society.

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    • YOU SEE, ZAMBIANS ARE NOT SERIOUS AND MARK MY WORDS. FOR THE REST OF 5 YEARS THE MAIN PROJECT FOR THE WHOLE COUNTRY WILL REMAIN, “ELECTION PETITION”, BY UPND. THEY WILL SIMPLY FORGET ABOUT DEVELOPING THE NATION. SIMPLE REASONS BEING, 1 HH IS INTERESTED IN SEEING THE COUNTRY NOT DEVELOPED OR GROUNDED TO A HALT FOR HIM TO ACHIEVE POLITICAL CAPITAL FOR AT LEAST 2021 ELECTION VICTORY AND HE IS USING ALL HIS AND FUULISH GBM’S MONEY TO ACHIEVE THIS, 2 ALL CONCOURT JURY, LAYERS ON BOTH SIDES ARE NOT INTERESTED IN THE DEVELOPMENT OF THE COUNTRY BUT THE DEVELOPMENT OF THEIR POCKETS, 3 THERE’S ALSO AN ACADEMIC SHOW-OFF BY THE LEGAL FRATERNITY WHICH IS NOT NECESSARY AS CITIZENS NEED ECONOMIC SOLUTIONS, 4 HH AND UPND PROMISED ANGLO AMERICAN AND OTHERS THEIR COME BACK DESPITE HAVING HAD DUMPED…

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    • …HAVING HAD DUMPED ZAMBIA AT A CRUCIAL TIME. ZAMBIANS- ESPECICIALLY THOSE IN THE LEGAL WORLD, PLEASE, IT IS HIGH TIME THIS CASE WAS DISPOSED OFF SO THAT THE WORK TO DEVELOP ZAMBIA STARTS SOONEST. WE ALL KNOW THAT DURING EVERY ELECTION HH’s VOTES HAVE ALWAYS BEEN ‘STOLEN’.
      I PERSONALLY, WANT IMPLEMENT MY PROJECT PLAN TO HELP GOVERNMENT CREATE MORE JOBS AND IN A SMALL WAY IMPROVE THE LIVING STANDARDS OF ZAMBIA, JUST LIKE MANY MORE ZAMBIANS WHO HAVE REALISED THIS CAUSE. BUT, THIS POINTLESS PETITION HAS PUT US TO A STAND-STILL AND ALL INVOLVED PEOPLE- MOSTLY LEARNED ONES DON’T SEEM TO UNDERSTAND AS THEIR POCKETS COME FIRST.

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    • Actually, the hearing must close at 17:45 on Thursday.

      Anyone who has not presented the required evidence that should convince the courts beyond any reasonable doubt by Thursday 27:45, must forget about his/her case.

      This means that the UPND has about four (4) days to make available the necessary evidence that should convince the courts as such.

      Other other hand, ECL and ECZ have the task to defend or justify what was done or achieved. But they can only defend what shall be brought before the courts and brought so apptopritely.

      Anything wrongly or ‘malicious’ brought before the courts shall be dropped or thrown out.

      Thus, after Thursday 17:45 no more hearing, more amending of petions, no more evedences or serving of summons will be accepted.

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    • But its Lungu who signed it and he is a lawyer, what do you make of him, did he even read it or just did it to win some votes, we have to wait, no matter how long the concourt will take co lungu created the this all mess and he should feel the full force of it. No wounder he was not practising has a lawyer he should be very bad at it, look at all his lawyer friends, some who even graduated way after him, they have made it as very successful lawyers but look at him, he has nothing to show for and you want him to run a country.

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    • Don’t worry YALI, if things gets to the worst, we shall challenge the results in the United Kingsom (UK)under her majesty using the Conmonwealth guidelines.

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    • LAWYERS ARE NOT MACHINES: CLEAR AND PRECISE PETITIONS ARE REQUIRED
      ========================
      Whereas it is clear that the petitioners wanted to fix the winning team with the contention on the election results alleging in the petition that they have “overwhelming evidence” that ECL never clocked the 50%+1, the concourt was hit with numerous demands that there should be a recount of ballots in Lusaka and that the concourt should be in custody of all the ballots countrywide plus the claim that the election was not free and fair. They have completely trashed the ECZ verdict and I don’t know who they want to do the recount let alone who should guard the ballots. I don’t know at whose cost the recount will be initiated. I contend here and now that we shall not use taxpayers money on…

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    • Contd.
      … clear and straightforward issues that HH lost last polls.
      Let HH exhaust his options. The concourt hereby forced to do this work in 14days; it is a constitutional requirement although the lawyers therein are not machines but flesh and blood.

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    • KUDOS, DID YOU EXPECT H H TO ALL THE RIGGING THAT WAS GOING ON? IS IT NOT HIS CONSTITUTIONAL RIGHT TO GET JUSTICE AND NOT ONLY HIM BUT ALL THE PEOPLE THAT GAVE HIM A VOTE?

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  2. Too many quacks on the bench,,,,no pressure .no effect tonga loya olo jaji_____ifintu ni lungu otherwise retirement by peoples will olo will be chased from office

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    • Zambians testing best days ever! Life is good without PF government. I am loving it, I hope and pray the petition takes 3 months.

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  3. Politics,you may end up being a blind follower and that will negatively affect your life.Never base your life entirely on politician for betterment. Do your duty by voting your preferred candidate and go on with your life.

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    • JAYD, THIS IS EXCELLENT COMMENT FROM YOU. FROM WHAT I HAVE SEEN MOST ZAMBIANS, EDUCATED AND UNEDUCATED ALIKE BASE THEIR LIVESON POLITICS SUCH THAT WHEN THEIR PREFERRED POLITICAL PARTIES DONT WIN, THEY RIOT, BURN MARKETS AND HOUSES. ZAMBIANS MUST GET A LIFE BEYOND POLITICS.

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  4. Some valuable lessons learnt from this flawed process. The next PF government needs to seriously sit down, examine this incomplete document, and on behalf of the Zambian people amend this stu.p.i.d document for the safety and progress of all well meaning Zambians. Idi.ots like HH and GBM will always cause problems, so time to block them once and for all once this is over. I can assure Zambians, the next PF government will be different, they have learnt their lessons from the two fika.las (HH and GBM).
    HH and GBM are idio.ts they have caused all this just because of their selfish interests.

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    • @ Chileshe Chepela Chitapankwa
      It was PF “stu.p.i.d” government which instructed PF “Idi.ots” MP’s to aprove this Bill and “stu.p.i.d” “ido.t änd CONVICTED embezzler which has enacted this Constitution.
      As to next PF government, God forbid. Enough of 1mbecility in past five years to last life time.

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  5. Ideally the swearing in of president should have been 30 days. The 14 days is not practical. Secondly lets ammend the constitution to clearly state that in the event of a petition the incumbert president should continue as head of state. In case the incumbert is also president elect then he should continue till disposal of case. Right now the confusion is between the terms president elect and incumbert. Unfortunately this time around the incumbert is the president elect as well

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    • The only problem is that this petition was done out of malice with no evidence whatsoever. They chased and impounded ecz trucks from day one and continued harassing ecz personnel even after elections. What are they complaining about?

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  6. Yali, you raise serious issues which need attention. Obviously the petitioners had a lot of work to do, Zambia being a massive country in terms of size. The pressure should now be on the judiciary to work with speed. Constitution must also be flexible, if we feel 14 days is tight, let’s extend by another 7 days. Let’s respect both the president elect and HH during this process. Name calling and insults are absolutely unnecessary, archaic and don’t build

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  7. We all know who won the presidential elections. Just because I have the right to take somebody to court, shouldn’t mean I must abuse the courts. Let us learn to accept that they can only be one president at a time. Posterity will judge us, if we put personal ego over national interest. The ConCourt should expedite this case, if it means working through the night, let them do so. We need to move forward as a nation.

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  8. Justice will be served. PF, your joy is short lived. UPND filed the petition in an orderly manner but PF lawyers are disorganized, crooked as usual.

    It’s KFB behind the PF scenes. CROOKS buying time!

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    • You even know what is at the back of your mind even as you post your comment! All the maneuvering you have tried to do since the announcement of printing of ballot papers have drawn blanks, it will be novelty of zambian court if this one succeed.

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    • @Kabunio:
      So why should we ignore Chavula or Lundazi or Kanyama results with all that evidence of cheating – can you explain? Mother F.uc.ker?

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    • @Chilyata
      You are what you always say. Your attempts to accuse other people of what you do in dark corner with your mother will not bring any relief to you! Those evil acts you do shall continue to haunt you. One can just tell from hotness of your temper. I wish you good luck though in trying to find relief.

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  9. Indeed let’s have a Zambia which can debate intellectually, obviously we will have those who thrive on insults due to poor upbringing and parental inadequacy. Both ECL and HH should be 100% respected, and us as PF should take the lead. ECL and HH should be seen together playing golf, they are all Zambian citizens. Fima politics chabe ifi

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  10. Is this why Edgar Lungu skipped the Africa-Japanese TICAD conference in Nairobi ,Kenya?

    Now Zambia we’ll miss out on investments and $30b aid due to Lungu’s selfish political interests.

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    • Its not a fish market where you have to turn up early to catch the freshest bream…moreover look at it as a saving there is just too many loans

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  11. Good observation by yali. We need a full government in operation now that elections are over otherwise things will fall apart if this window period extends. People are busy stealing the little that we have in the treasurer…! The president elect must be inaugurated if the court fails to conclude the case by Friday. Hh can not hold the whole country at ransom all because of his selfish motive..!

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    • YES WE DO NEED A GOVERNMENT IN OPERATION BUT IT SHOULD BE A CREDIBLE ONE WITH FAIRNESS AND JUST PLAY. NOT ALL THE RIGGING AND THE STRANGE BEHAVIOUR THAT WAS GOING ON. NEVER IN THE HISTORY OF ZAMBIA HAVE WE WITNESSED SUCH HAPPENINGS.

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  12. I thank both ECL and HH for putting up an aggressive campaign, PF and UPND put up a spirited campaign. UPND did the right thing by going to court when they felt robbed of the election, PF is also doing the right thing by defending their win in a civilised manner in the courts. For all of us, we wait for the process, no fights, no vulgar language, no insults, no grudges, no tribal talk from either side, respect for leaders for both parties. We are one.

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  13. I agree, there are a few of our people who think politics is fighting. Let’s just respect one another. Both HH and ECL are gods creation and good guys. Let’s love them both. Politics is not war. It’s a contest of ideas. Those name calling and insulting ECL and HH, should become civilised, grow up and change. Don’t hide f00lishness because we can’t see your name when you post on social media, just be civil, grow up, be man enough and respect others.

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    • we know them,it is that easy to trace android gadgets.Remember the software updates you click on .You also download very powerful Spyware which can traced your android and your name from whichever network data base

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  14. The only place people sign important documents without reading and understanding its implication is Africa. Signed treaties, trade relationships etc because they are lazy to read and reflect, we lost all important business and resources. I am not a great supporter of any of the last presidential candidates but I am forced to agree with General Miyanda who asked the president elect that you should not sign the constition without reading and understand. Today we are in this mess nothing to do with tribal or political aspiration, because of lack of priority and love for our nation from the votes and our politicians.
    I am of the idea that in the next election, anyone who cannot understand and analysis nation issues should not be allowed to vote …. What do others think?

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    • I think it is you who doesn’t understand a thing. You are insinuating that the president signed the constitution without reading. First of he had no right to change what people of Zambia demanded. Second I read those articles 101 and 103 several times, several learned people would not be so stupid to repeat what is contained in 101 exactly the same way in 103 if the two articles did not refer to different situation. Read the articles you will understand what I am saying.

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    • @Kabunio:
      You are just a pig headed empty tin! You clearly have no capacity to think and reason on your own…mother fu.c.ker!
      Independent Judges appointed by Lungu ruled that Lungu kept his ministers illegally after closure of the parliament; AND also that Lungu did not follow the new constitution to dismiss the DPP!! So what kind of ar.s.e are you making out of yourself to think that you understand the new constitution better than the judges!! That is Blind Loyalt and St.up.ity! Ar.s.ewhore.

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    • @Chilyata
      Clearly the articles I am referring to are different from what you are talking about! Please read my earlier reply to you above. Good luck.

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  15. WE CAN WEED OUT THOSE WHO INSULT BY NOT RESPONDING TO THEIR INSULTS. IF THEY ARE REASONABLE PERSONS THEY WILL AUTOMATICALLY DROP OUT.

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  16. Concourt knows what it is doing. Yali should keep its opinions to itself. Concourt will make a Ruling which will be in the best interest of Zambia and for the growth of our New Constitutional Democracy we hope. Concourt will need to restore our faith in our Electoral Laws, Institutions and Processes. Depending on how Concourt deals with this matter most Zambians will lose interest in voting if our votes after spending long hours in long queues can just be stolen with impunity. To make matters worse ECZ instead of securing our votes they actually helped others to steal them. How sad? We have lost trust and confidence in the ever bungling ECZ. The whole World is watching on how professionally Concourt will deal with this National Crisis. All eyes on Concourt!!

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    • @Chando. And where we’re WE when they were stealing your votes? I thought we policed these pipo from printing of ballots to counting of votes. We evene escorted them to the toilets.

      How sheepish are we that someone can steal from us under such circumstances? I just wonder why the external observers & monitors have remained mute on the subject, while the governments the hail from continue congratulating the “Elect”.

      Do they know something we don’t? Have they watched the movie before? Or they understand the inevitable?

      There may have been undesirable occurrences during campaigns, & probably announcing of results which we can learn from & do better, but voting went well, & the results reflected the pipo’s choice. Stealing???

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  17. This is a lesson to ECZ that they should endeavor to run free and fair elections and not one that appears to be flawed. The consequences of such will be petitions…petitions…delays…meanwhile time is running out and the ordinarily person is losing out.

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  18. Lungu accused Zambians of not reading the amended Constitution. Lungu’s interpretation of the provisions on Ministers staying in their posts after the dissolution of Parliament was wrong. His interpretation of the Concourt Petetion and Transitional matters is also wrong. The problem is that Lungu is used to getting his way all the time rightly or wrongly. Lungu should have allowed the Speaker of Parliament to Act as President while the Petetion is being heard but he refused. Lungu is committing Treason and has no wish to respect the Constitution that he signed personally and in public. This lawlessness should not be allowed from an Incumbent President. Very sad indeed!!

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    • Read articles 101 and 103 yourself, you will discern something from there. Don’t just listen to people with bent interests.

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  19. Yali should be concerned about the failure to observe the law by mr. Lungu and not where they are directing their energy and clear show of bias. The chief govt legal adviser the attorney general advised mr. Lungu that he has to hand over power the speaker but he has not done so. However, Yali find it fit to believe in their own interpretation of the law and now are proposing to endorse an illegality by pushing the inauguration of mr. Lungu as president even when the court has not disposed of the case and me. Lungu continues to defy the law. Let’s do the right things for country ladies and gentlemen.

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    • @Maliongo:
      I totally agree with you. The point to remember is that YALI is being led by a delusional person called Andrew Ntewewe who has been personally bribed and paid handsomely by Emmanuel Mwamba to write such crap to pile pressure on the ConCourt to rule against the petition filed in by the UPND.
      Ntewewe is one of the poor “Lowlifes” who survives on hand to mouth bribes like this and has no meaningful job in his life. Such are the poor characters that HH is trying to help. YALI and Ntewewe squandered the grant money they got from USAID and is now totally broke because USAID stopped funding him when they realised that the whole grant was misappropriated with nothing to show for it!!

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  20. The Concourt has already started hearing the petition. Dealing with these preliminary issues is part of the hearing of the matter. The law says they should hear the petition with 14 days, which is what is happening. But the law appears silent on determination of the petition. So it appears it may not an issue if the 14 days lapses.

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  21. We just need to kill the tongas. God came to me and told me that is only way to secure peace. Add me on fayce book my full name is James matches. I am starting a movement against tongas

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    • It is who will be killed in the process.It is not possible for Nyanja and Bembas to Kill The Tongas,Lenje,Solis,Kaondes,Lundas,Luvales,Lozis,Saal,Chokwe,Mbundas,Ilas,Toka leyas,and many more who voted for HH.In short ba mwisa ku North western rhodesai(Barosteland) you are few in Barosteland.We shall push you out LSK and close Lufunsa river and throw you out Copperbelt and close Kapiri and Tuta roads as well as Pedico and Kasumaba lesa border.you can use your Mwami and Nakonde borders.

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    • The problem in Zambia is that many are Lazy, The constitutional court was supposed to work the way ECZ works during elections-day and night. This process of part of elections, it is different from any other case. Adjournments are supposed to be for 2hour or 5hrs between sittings not days in a period of 14days.

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  22. I thought that the leadership of UPND including their MPs in Southern province should have visited the internally displaced people camped at Namwala Secondary school. Their failure to do so confirms
    1. UPND is more concerned about power than the people they hope to rule
    2. They support the tribal persecution
    3. They are greedy
    4. They are insensitive to the humanitarian plight.

    UPND MPs are probably convinced that this was the last ballot that UPND ever attend in Zambia, therefore the country’s stand on UPND tribalism is not relevant for the future.

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  23. @21 “Hearing” in this case includes the decision. That is the legal definition, any other interpretation would mean that the country cannot inaugurate a new president until Concourt disposes of the matter, even 5 or 7 years, or even until Jesus returns, otherwise what would be the limit?

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    • @ Terrible, please refrain from displaying to lack of intelligence and intellect on this site. “Hearing” and rendering a Judgement are two different things.

      Go back to school and learn to understand English properly!

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  24. @Andrew Ntewewe – you m.or.on and mother fuc.ker!! We know you are from Eastern Province and you are simply doing Wako Ni Wako to Lungu – just stop this sh.i.t you are spewing and put it right in your AR.S.E and some of it in your grand mother’s stale pu.ss.ey too. How much were you paid for this sh.i.t you are saying here? You saw the video for Lundazi results where the pig headed pr.i.k Essau Chulu wrongly awarded more than illegible votes to Lungu and you expect us to accept them. Why should we ignore Chavula who was caught ready handed manipulating votes for Lungu; etc. Since Lungu did not win, we don’t have to swear in a wrong president – we go back and vote again and that is democracy!! Why are you rushing? ID.I.OT!!

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  25. Yali supported the passing of the constitution amendment bill in its current form and never raised the issues of time limitations. Once a matter has been taken to court the is of statute time limitations cannot suffice. Unless the petitioner fails to file within the seven days given in which to file a petition. As for the transition the constitution already provides for that, what needs to be done is to respect the constitution.

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  26. Constitutions should stand the test of time and yet be flexible. If collectively as a nation we feel there are flaws, like in this case duration of judgement for a petition,let’s start to revise it through the quickest and cheapest way, parliament. It’s not an issue of who did not do what in the past, it’s a question of looking forward and making progress. I also agree that the two leaders involved in this petition must be respected irrespective of which political party they come from

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    • That’s no need for a constitution to stand the test of time. That is a recipe for inaction and being stuck in the past. A constitution should reflect the will of its current citizens. The American Constitution is in effect being rewritten by their Supreme Court. That’s why there’s always a battle for new justices so that the Supreme Court can be bent to the left or right. The people who wrote the American Constitution were slave owners who never dreamt that a black man could ever become President or men could marry men. The Zambian Constitution should be changed as often as necessary until we have a document that meets our aspirations, not Lungu’s and PF’s.

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  27. What YALI is saying is politically motivated points not legal ones. These guys should be taken seriously on these issues. Just after the elections they said according to them the constitution allowed the president elect to inaugurated regardless of there being a petition, turned out to be the opposite. That’s why we are saying they are just politicking.

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  28. Like this fo0l who is insulting and cowardly calling himself Chilyata must be ignored completely. These are the ones having water between the two ears instead if a brain. Usually one or both of his parents could have been a fo0l hence the guy can insult with easy in public. Let’s debate sensibly

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  29. What YALI is saying is politically motivated points not legal ones. These guys should not be taken seriously on these issues. Just after the elections they said according to them the constitution allowed the president elect to inaugurated regardless of there being a petition, turned out to be the opposite. That’s why we are saying they are just politicking.

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  30. Then another dull guy is writing about UPND and yet this is a straight forward issue which is not UPND dependent but looking at the duration in which judgement is to be delivered. Did you not do comprehension at school to understand what we are discussing here? Don’t waste our time, I want to watch something Important on TV and I have to stop to guide you simple minds.

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  31. HH is a great guy, ECL is a great guy. The only fools we have are those insulting and those debating because of the side they belong. We want a free and independent debate so that we start growing as a nation. I love HH, I love ECL. I am a great guy.

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  32. If you are lazy, regardless of who is in power you will remain poor and continue being a politicians’ vuvuzela. I feel sorry for some people whose only passion is to spew insults on others who don’t seem to agree with them regarding which party to support. If only such energy was better used!

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  33. The petition will be thrown out on technicality because from the beginning the Under 5 has dared the ECZ and all peace loving Zambian that he would NOT accept defeat whatsoever, in itself, HH was undermining the will of the people and the authority of of ECZ and now his petition is just a confirmation of what he thinks but democracy doesn’t work like that.
    In an election only two thing are expected, a winner and loser and we all know who the WINNER IS, PRESIDENT EDGAR CHAGWA LUNGU PERIOD!

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    • Maybe in an election. But in a COUNTRY Justice and the RULE of LAW must prevail, and that takes precedence over any election.

      If there were mistakes and foul play in an election, it must be exposed and corrected. Sham elections can never take a country forward.

      Lets just be unbiased and objective and wait to see what comes out of the Constitutional Court. All the people like you that are in a hurry have no respect for Human Rights or the People of Zambia!

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  34. The perception among Zambian is that Lungu and PF stole the election from HH and UPND. Lungu and ECZ only need a day for them to prove that he won fairly and the votes were not manipulated. ECZ should give all the voting materials to Concourt and show that they followed the Electoral Laws and procedures in conducting these elections especially from the Vote Counting, Vote Verification and Vote Announcing stages. Can ECZ announced results be backed by Gen 12 forms? ECZ has to explain what they did and what they did not do right in these elections. The changing of election results like in the case of Lundazi central, the Chavula computer hacking and the refusal by ECZ to provide Gen12 documents to Lusaka Urban Constituencies do not inspire trust and confidence in ECZ and Electoral processes…

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    • @Chansa, that’s the reality. ECZ did not follow it’s own procedures and used Lusaka to fiddle with the results of the elections. I am sure they have been very busy trying to come up with Gen 12s, Gen 13s and ECZ 19s that will retrospectively match their own declared results. These forms were not witnessed and countersigned by party agents and monitors as PF intimidated and chased these people from totalling centres.

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  35. HH and ECL are both great guys. The problem is the chola boys looking for jobs. The Chola boys are the ones even insulting. Otherwise a good topic to discuss from Yali which should be done in a sober manner devoid of insults

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  36. Let’s all be objective and await the concourt to make a decision. Let’s all not rush to conclusions.The concourt Will swiftly look at all the evidence and counter evidence. The two parties should also be ready to accept the verdict and we move on.Palibe vuto apa(no issue here)

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  37. I don’t know why people are fighting to get into state house, there is something eating presidents in state house. The loser is ultimately the winner.

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  38. Yali is being bankrolled by Lungu we all know this. B4 the Petetion was filed Yali argued that Lungu will be inaugurated with or without the Petetion. Now Yali is saying if Concourt does not rule for Lungu within 14 days Lungu will go ahead and be inaugurated in spite the illegality that might arise. Yali is urging Concourt to rule for Lungu even if its proved that he stole the elections. Yali is singing for his super from Lungu and less concerned about the protection of our New Constitutional Democracy. Yali chooses to ignore that his Sponsor is breaking the law by refusing to handover power to the Speaker of Parliament during the 14 day Petetion hearing. Yali should be ignored and leave it to Dunana Reverse towards a one party dictatorship under his Sponsor.

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    • @mweene but Yali is right according to the new constitution the case must be disposed off after 14 days, so the concern is genuine and every game has got rules, if an exam is given to be written in two hours then it should be two hours

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  39. Has Yali put into consideration the number of times it was adjourned? Because UPND lawyers didnt put their papers in order…where were all these people when the constitution was being drafted? Let the Concourt judges do their job and we will stand by their judgement instead of complaining time when we are only half way through…

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  40. Chilyata, you talk nonsense, you need me to come and suspend you by your balls and you will swing like a pendulum.

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  41. Soon YALI will loose all the credibility it almost had. The institution has become compromised and very soon people will start trashing anything spewed from this organisation. They were initially seen to be neutral but alas the African curse followed them and now are working to please powers that be. They are no longer the voice of reason and the voice of good governance but the voice of division and bias. Those of us that support the rule of law will find it very hard to remain YALI members as the organisation no longer a stands for the principles of good governance. They have been swallowed by the African disease of tribalism, nepotism and therefore no longer hold the values of the supremacy of rule of law. They have become men and women of now and do not care about tomorrow and it’s…

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  42. They have become men and women of now and do not care about tomorrow and it’s youths. Men and women go but law and the land remain. Anyone who only for himself must not be entrusted with leadership as leadership demands selflessness. YALI quickly and alarmingly becoming useless. Obama will retire a sad man when his eyes focus on Zambia.

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  43. Good debate. Who served late, who responded early or late? At the end of day, let’s just leave it to the constitutional court. We are paying the concourt judges to decide accordingly, otherwise we will be doing their work and they will be lazing around. Good luck to both ECL and HH, all the best gentlemen

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  44. Mr Ntetewe,
    It is now 10 days from the date the UPND petitioned the ConCourt.
    The Constitution is very clear, it says 14 days from date of filling, not 14 working days.
    This case is therefore coming to an end on Thursday, this week.
    We know what UPND is planning to do and are ready for them.

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  45. “..if there is no hearing at all, the inauguration of the President-elect elect must be allowed to proceed.

    Is this backed by law? This guy is misleading himself and his followers. First he hasn’t even explained his earlier statement in which he claimed Lungu must be inaugurated regardless of whether petition has been filed or not.

    As for the 14 days, the ConCourt has already started hearing the petition. Those preliminary issues being raised are part of the petition. The parties have already been before the court. So this assumption from Yali us flawed. He probably just needs to question how long before the judgement can be passed as the constitution may be ‘silent’ on this, or isn’t it?

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  46. By any standards the successful hearing of a presidential petition within 14 days is unrealistic. On the other hand the petition was totally unwarranted as the winner of the August 11 elections is known to all of us including the UPND. The new constitution is therefore a recipe for despondency and not good enough.It should have allowed the declared winner to be installed immediately. Right now there is a lot of anxiety in the nation and Government work is at a stand still. The Constitution should be among the first priorities of the new Government. We cannot afford this nonsense again.

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  47. HH nd GBM want to rule Zambia at all costs.Awe kwena these chaps lack wisdom.Where on earth do u impose on pipo in a democratic nation?HH has no mercy for Zambia.A good leader would not have even gone to concourt.I don’t undeerstand HH.He wants to rule Zambia but he won in 3 provinces.Where on earth?I think we need to change the constitution to end tribal voting.let us adopt American system of electoral collenge. If u win in more than 5 provinces u become a president.Otherwise this system pipo like HH can win in one province (southern )n become a president.What is UPND doing in southern province is to make sure all monitors and police are UPND supportes.These chaps if well followed it’ll be discovered that in southern province they jst mark the ballot papers.It’s impossible to have…

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    • @Mosco(op), there is no where in the constitution where it says for one to win one needs to win majority of provinces. It’s says majority votes I.e 50% plus 1 vote. Therefore that’s should not be the basis of a good argument. This thinking is what promotes tribal talk. ECL was declared Winer not in seven provinces but with 50.3 % votes, that should the basis. And we should not now start calling for amendments to the constitution that we celebrated just few months ago. The law is always blind if you are on the wrong side you will tend to say it is bad. When on the right side you say it’s good. Amendments based on biased political expedience will always produce bad laws that won’t stand the test of time.We were told that this was a good constitution that was going to stand the test of…

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    • I totally agree with you on this one. Imagine hh becoming president because he has won in 3 provinces I mean that wpuld be dire. He is only concerned with those 3 provinces and that is it really.what concerns me is that people failt to see that but the tongas and relish the idea. Tribalism is alive for sure.

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  48. The matter will be determined by the concourt and not by the YALI views. That’s why it’s not allowed to comment on matters which are before the courts of law. Bringing up this debate now just creates an atmosphere of uncertainty for nothing. Does YALI seat and debate these issues as a collective before the leader ssues statements single handedly. If not these statements must be taken as personal opinions by the leader and therefore should be attributed to YALI.

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  49. @48.1 the people, what Moscow is saying that in additition to the win by ECL of 50.4%, HH should also condider that 7 out of 10 provinces rejected him. It is not there in the constitution but if an overwhelming majority of provinces surely a sense of morality, your inner voice, should tell you to go back to the drawing board for 2021.

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  50. This animal called Chilyata has become the face of UPND and HH on this blog. Other UPND cadres, deny it or orrect me if I am wrong.

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  51. Iwe chi Peter don’t shout to put your point across! toobovu lost the elections and HH has the right to contest that in court!

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    • What will the empty tin do when he tracks them? I am sure Zulu has better things to do like womanizing some teenage 18 year old girl or cleaning his pistol collection.

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  52. We should not forget that this the first election under a new constitution. President Lungu should be commended. In the past , we could not have a healing period of 14 days. It has exposed a lot of things good and bad. We shall fine tune our Constitution after this experience so that we don’t encourage abuse of the law to fulfill personal grudge.

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  53. Tribal Zambians, do you admire our President Dr. Hage Geingob? Well he is a very good president, he has made remarkable developmental impact in namibia just 7 months in office. Did you know that had been in this tribal forsaken Zambia he would not have been a president? B’coz he comes from the least tribes in Namibia, a tribe that you would call bushmen’s in Zambia – the Damaras. But Namibians have matured above tribalism than Zambia, despite being being tribal divided during colonial era. But here in Zambia in poverty stricken Zambia ati a Tonga can not be a President! Shame on you Zambia, you are 100 year behind Namibia in development, b’coz Namibia is more united & can choose the best leadership without minding tribe.

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    • Mr. Life Experience, no one has said that a Tonga cannot be a president in Zambia,
      It is a Tonga who said that only a Tonga can be a President of a party called UPND.
      Now in

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    • Life Experience – You are quite retarded – we are the ones nurtured your president if you are too young to know. He couldn’t be where he is without us. So, shut up.

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  54. JayJay what’s your number I will pass it on to him! I sure if Kaizer walked into your living room you would farting about! Don’t dare him!

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  55. When everyone is trying to protect their corner and no one is pliable to reason, and there is an attitude of ‘ITS LUNGU whatever’ by some PF extremists, then Zambians must consider going federal.The COncort decision, whatever it will be, will not simultaneously satisfy both the NE and SW political blocks that Zambia is currently divided into.There is also a growing intolerance by an uncomfortably large clique of PF fundamentalists who rather than engage intellectually, resort to insults, threats, violence and intimidation including of the judiciary!OK so why not this….Each Zambian province is big enough to be a country in its own right, and to look after its affairs.Compare Swaziland, Lesotho, Malawi, Rwanda, Burundi Eritrea, Djibouti, Jamaica, Switzerland etc…Yes Zambia is…

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  56. Yes Zambia is currently a unitary indivisible country, but we can change the constitution and allow federalism. Surely each Zambian province has enough resources to run its own affairs. The problems that the current government has created of inciting tribal hatred and making some tribes less important than others will not go away anytime soon.Let’s not resort to insults, but seriously consider all possible, peaceful effective long term solutions of this governance impasse our country faces. Ghanaians have a rotational presidency for example and it has worked. Maybe it’s time Zambia revisited the idea.

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  57. LAWYERS ARE NOT MACHINES: CLEAR AND PRECISE PETITIONS ARE REQUIRED
    ========================
    Whereas it is clear that the petitioners wanted to fix the winning team with the contention on the election results alleging in the petition that they have “overwhelming evidence” that ECL never clocked the 50%+1, the concourt was hit with numerous demands that there should be a recount of ballots in Lusaka and that the concourt should be in custody of all the ballots countrywide plus the claim that the election was not free and fair. They have completely trashed the ECZ verdict and I don’t know who they want to do the recount let alone who should guard the ballots. I don’t know at whose cost the recount will be initiated. I contend here and now that we shall not use taxpayers money on…

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    • Contd.
      … clear and straightforward issues that HH lost last polls.
      Let HH exhaust his options. The concourt hereby forced to do this work in 14days; it is a constitutional requirement although the lawyers therein are not machines but flesh and blood.

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  58. PETITION TO ALL MY EXAMINERS SINCE I STARTED SITTING FOR EXAMS AND TESTS FROM GRADE 1 TO TERTIARY EDUCATION.
    REF: ~ RESULTS PETITION ~
    EXAMINERS REMARK ALL MY ACADEMIC WORK, I HAVE OVERWHELMING EVIDENCE THAT I ALWAYS GOT A+s IN ALL MY MODULES
    =================================
    Meanwhile I want the courts to get custody of all my post-marked papers.
    My petition extend to all girls who gave me a NO as an answer to my proposals; I now know that you always said YES!
    To the both of y’all, I need fresh and favourable results in 14days ala!
    It’s a “HHous Theorem” and it states: All failures can now petition their results with their preferred courts as long as they delay and disrupt life momentarily to satisfy their egocentric miserable lives.
    WEIRD WAY OF THINKING:…

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  59. Mr George Kunda SC used to say “one day we shall have a constitutional crisis in Zambia.” Remember !

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  60. We need a neutral media and not TAYALI’s unproffessional way of analysis.
    TAYALI should not forget Chanda Chimba the 3rd.Where is he now?

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  61. The period is not elapsing on the next Friday. The 14days stated in the constitution is the working days. In short exclude the weekend days.

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  62. I strongly feel the 14 days was too short. It should have been at least 30 days. I hope the judges will not pass a wrong verdict as a result of racing against time.

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  63. Those who petitioned should have had their evidence in handy. This case has failed. Please give us the VERDICT, We need to do a DUNUNA REVERSE CELEBRATION that Mr.HH and Mr. GBM will never forget… NO VIOLENCE.JUST DANCE AND PRAYER…. MOVING ON TO DEVELOPMENT AND CREATION OF MORE JOBS… SELENI TUBOMBEKO..

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  64. BWANA KACHANA, WE ALL NEED DEVELOPMENT BUT A NATION THAT DISREGARDS THE RULE OF LAW WILL NEVER DEVELOP.

    WE NEED TO PUT THE HOUSE IN ORDER FOR US TO HAVE DEVELOPMENT.

    OTHERS MAY ALSO WANT TO DUNUNA FORWARD . NO VIOLENCE , JUST DANCE AND PRAYERS THE WHOLE NIGHT. IN SUCH A CASE WE NEED THE CONSTITUTION TO GUIDE US HOW TO SELECT THE LEGITIMATE WINNER. LET US ALL WAIT FOR THE CONCOURT TO MAKE A RULING.

    MWAIBA FYAFULA LEKENI BAMBI BAKONTOLOLE.

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  65. @Thorn in the Flesh you are great people. You are the reason why i come to this site every time. you have great sense on matters and also great sense of humour..

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