Trial in the presidential election petition case will start on Friday this week, 2nd September 2016 and finish on Thursday next week.
The UPND is contesting the re-election of President Edgar Lungu of the Patriotic Front (PF).
The Court is however reconvening shortly to hear the argument related to the 14 days limit set by the Constitution.
The lawyers representing President Edgar Lungu argue that the 14 days in which the Petition should be heard will expire on Friday.
The lawyers are relying upon Article 103 (2) that states that: The Constitutional Court shall hear an election petition relating to the President-Elect within fourteen (14) days of the filing of the Petition.
The lawyers are also relying on the Constitutional interpretation as provided for in Article 269 (d) which states that weekends are counted if the days of the matter exceeds 6 days.
UPND lawyers, on the other hand are contending that the 14 days will end next Thursday on 8th September 2016 if weekends are excluded.
The UPND contend that the Court should consider 14 working days instead of ordinary 14
days.
The Court will seat to determine the arguments.
Meanwhile, UPND President Hakainde Hichilema has reiterated his call for President elect Edgar Lungu to step aside and allow the Speaker of the National Assembly to act as President while the presidential petition is still on going.
Mr Hichilema said it is illegal for President Lungu to continue as President of the Republic and that his continued stay in office is tantamount to treason, an illegal usurpation of power – a coup d’état, for which the police should arrest him.
He said the law is clear that the Speaker should act as President until the presidential petition is determined by the Constitutional Court.
“The continued stay in presidential office by PF presidential candidate Mr. Edgar Lungu is tantamount to treason, an illegal usurpation of power – a coup d’état, for which the police should arrest him.
“The law is very clear that he has to hand over the instruments of power to the Speaker of National Assembly until the presidential petition is determined by the Constitutional Court.
“Mr. Lungu’s lawlessness is putting undue pressure on the Judiciary. We call on all stakeholders such as the civil society organisations, the church and the international community to voice out on Mr. Lungu’s disregard of the Constitution and general lawlessness,” he said.
He also called on President Lungu and “his cadres” to stop threatening constitutional office bearers and other institutions such as Law Association of Zambia.
He further demanded the reopening of the private media houses which were recently closed.
“We once more demand the reopening of the closed private media houses namely The Post newspaper, Muvi TV, Komboni Radio, and Itezhi Tezhi Radio. Mr Lungu’s actions are typical of the behaviour of any dictator. We know dictators always want citizens not to have free speech and access to information.
“We are also urging journalists from the public media to act responsibly and stop hate speech currently going on as that amounts to inciting ethnic divisions,” he said.
He added “We keep calling for calm and peace but our messages are not being heard, especially after the closure of the biggest media channels.”
Ok Bola naikosa dununa reverse forward… pendulum country!!
Power hungry ba HH. Just wait for the court ruling badala.
HH should calm down. We appreciate that he is sponsoring democracy, he should be busy mobilizing other opposition parties . But not to say things like “arresting” Edgar.
Edgar is good guy, he just have horrible drunk workers to help him think.
HH, why do you always want to mislead others, or you are just dull that you cannot understand straight forward issues?
1) We are dealing with the first ballot under Article 101. The Speaker takes over under the Second Ballot. So there is no treason here.
2) The Post went to court over unpaid taxes. It lost the case and was ordered to pay. So who are you to overrule that?
3) You used Muvi TV etc. to incite violence in your so called strongholds against media regulations and you have now put them in trouble. The matter is in court now, so what is your beef again?
It should finish soon mwe. These UPND jokers have held us back. This is one of the reasons why i think democracy is not a good model for Africa. Look at how they are holding the country at ransom? HH and his minions must be put in their place
There should be no debate over the meaning of 14 days. In the absence of specification 14 days refer to actual calendar days.
Where days referred imply otherwise, it will be specified as such.
In this case the 14 days referred are not specified otherwise in the constitution, thus refer to calendar days. Days are days (unless specified otherwise), they imply calendar days. Therefore, legally the hearing should be concluded on Friday this week.
So if any of the two sides wasted their time by playing Tom & Jerry games, it is not the fault of the court. The court will proceed to close hearing on Friday, pending passing of judgement.
In any case, since they UPND said they had a hip of evidence they should not panic over the 14 days. After all they are the ones who opted for Tom &…
Wounded tonga bull! Just accept that Lungu is your president badala.
HH is the worst bufoon I have ever seen. He wants to be the champion of the new constitution he was against when being formulated. If at all he is principled, he would have shown some consistency by not drawing sympathy from the new constitution by running to the concourt after his sixth defeat. He is confused and lost in the new constitution. May his legal advisors are misleading him so that they suck more money out of him. He is just parading his foolishness and huge appetite for power so that the general public knows who actually this buffon is.
In any case, since they UPND said they had a hip of evidence they should not panic over the 14 days. After all they are the ones who opted for Tom & Jerry games.
The UPND used the tactic of introducing other petitions instead of focusing on what they initially wanted. They calculated that by putting up a hip of petitions they will confuse their opponent. Now, they confused themselves – even forgeting where to start from.
They were advised earlier that basing on Mushipe’s emotions and Mwiimbu’s vigour to judge whether you got a strong case is misplaced. There we are!
@Saulosi, why you vote me down, are you crazyyyyy? Chief Justice should take over case and declare everything dullfied, and new elections:
Sept 11th = Referendum vote
October 11th = MPs elections, because 28 seats are already in courts
November 11th = Presidential elections
Ballot papers laft overs are are there, government printers can just print. Don’t import ever again, look hove those Dubai ballot papers were spoiled, worse than never before.
Even Edgar will be happy with my suggestion. Edgar should continue until November, he is doing just fine so far.
Hahaha awe Nostradamus teine wachikuchita vote down. Awe the chief justice shouldn’t take over. There is no power vacuum in Zambia. He can only do so (hand over the instruments of power) if a new leader is elected. We cant afford putting the speaker all the time the opposition petitions as it will be the case in all the future elections.
The like of Kolopa exist in backward corrupt nations.
It’s you Kolopa that is either dull and corrupt or a thief per your PF.
I speak as a lawyer. Edgar must and will step down by time ConCourt does a laundry job of this application over Speaker. Wait.
Perhaps they are all realising, as any good lawyer should already know, that the new constitution is fundamentally flawed. It was rushed. It contradicts itself. It has gaping legal holes. Guess that comes down to those who chewed allowances and forgot to do the actual work…
Lungu is indeed a tolerant and humble leader. He has tolerated HH’s behaviour even under extreme provocation.
Honestly, an opposition leader insulting and calling on the police to arrest the incumbent president.
I have never seen such arrogance since this country was born.
But I salute president Edgar Lungu, he is indeed a wise leader.
Lungu has already read the intentions of HH. He knows that HH wants to provoke the situation to make Lungu act, so that he can use that act to cause confusion .
But God has given Lungu great wisdom to handle these matters.
FYACHABECHABE. PEOPLE VOTED AND NOW BUSY FIGHTING WITH WHAT PEOPLE VOTED FOR. NEXT TIME WHEN PEOPLE DONT VOTE ATI APATHY. USELESS
Ba dala Ba HH please read the constitution “the incumbent President shall continue in office … until president elect assumes office….’
These lawyers, there is no Speaker of Parliament, there are no MPs, the house is dissolved. Even Matibini will personally decline that offer of instruments of power. Imagine Chief Justice and Service Chiefs going to report to Matibini every morning, atase. Zambia has no leaders. Now people are proved that Matibini is useless, find better speaker who can be president one day.
Munene – The man even fails to cite any part of the Constitution that supports his argument. If anything, HH is inciting violence and should be arrested.
The PF Constitution is an idyot’s Constitution. Even its chief architect, Chakolwa, does not know what is in there. Wait until Thursday for the ConCourt ruling.
That’s what happens when you have poor systems. Even Lawyers themselves don’t understand the laws. No wonder the referendum failed because people want to brings laws that suites them
Nostradamus you ARE SO DULL MATIBINI AND MUKONDO LUNGU are speaker and deputy speaker until a new speaker is elected.Mind you the speaker is elected and not appointed by the president,hence his nutrality to take over during a petition.There is no way even in general practice when a person is found with a case to answer he has to step down or suspended if he refuses so that he or she does not interfere with witnesses or information in his office.Ba fontine mwa lifulisha mu pamafi party.We dont you about ministers imwe awe they should stay.Fikopo fi PF.Arest the kachakolwa.
Apa film yafika ku nyumba ya ba boss. The bodyguards are being wiped out silently and efficiently. The starring will enter the master bedroom, find the boss and ba za pononana mpaka umozi ahsurviva no bumula nyumba no choka slow motion na chi nyimbo Dununa Reverse will play as the credits roll.
14 days is 14 days basi! Nothing like 14 working days. Ili pesa iyi info mu constitution kashi??
Just concede defeat badala we want peace in our country some of us only know Zambia but you we hear you have houses in Joburg and London and may be other places we have not heard of. You are a very selfish man hh please spare our country the fact is majority Zambians voted against you, just pull yourself together and try again in 2021 because the man we love ECL will not be standing to give you another bashing. Please understand mwanakwesu God will bless you.
You are wrong and incorrect:
1. The voting has split the country into greater Barotseland/North Western Rhodesia (1889 Order in Council) under UPND and North Eastern Rhodesia (1890 Order in Council) under PF.
2. Lungu waged a brutal reign of terror using thugs in Lusaka and Copperbelt. Even on Sunday his thugs brutalised FAZ president.
3. HH speaks for me and others who want elections to be held per Article 45 of the Constitution. No violence, corruption and cheating.
Why don’t the PF criminals want to follow their own Constitution? Why should HH walk away from the Idyot’s Constitution? The Constitution should be tested to its full extent. Next is charging Chakolwa with treason for breaching the PF Constitution. Chakolwa will fail on his own tricks.
jameson vodka chakolwa rungu is a crook.let the speaker act as a presido until everything is resolved.You will reap what you are sowing…
Kachema nid to go back to School and learn law for him to understand Zambian constitution. Its very simple logic, article 101 talks about first ballot and why charge on the President elect who has garnered 50% plus 1 ballot to step aside then you do what yourself, kachema???
And this is the way the cookie crumbles.
Court to hear petition within 14 days. Two phrases:
1. Court to hear , and
2. 14 days
So when does the court sit? Then apply 14 days to when court legally sits.
This is what you get when idyots come up with the Constitution.
Mature and Presidential materials. What more do Zambians want .
If its leadership , then there is Mr Hichilema. The man has all sorts of leadership qualities.
Well , Let Zambians continue self created suffering.
Tribalism will haunt Zambians for a long time to come.
tribalism will not stop if transparency and justice is not seen in this case
Zambia is now split between Bemba thieves and their sly eastern cousins and the rest of the law abiding Zambians who don’t want chaos. In biblical terms, this is the fight between good and evil. Right now Satan is in charge of Zambia.
The opposition’s main focus is for ECL to step aside and allow the speaker to act as president as if this in itself will help them to win the petition. If they don’t have strong evidence (which i know they don’t) they won’t win the petition even when he steps aside. HH really amazes me he is demanding the government to open private media houses when he knows very well that the Post owes the government a lot of money, this is our money not HH’s and therefore where our money is concerned he cannot make decisions for us when Mmembe pays they will hand him back the keys of the Post.
The problem with blacks like you is you never respect laws…thats why Africa is where its today. Laws are there to be obeyed. Do you think it was all for fun that the drafters of the constitution said the speaker must act as president?
In fact HH can simply pay for his friend then demand the immediate reopening of the Post
Engineer the person who does respect the law is HH who is demanding the immediate opening of media houses, the Posts case is still in court on what bases is he demanding the immediate opening of the Post? Typical of UPND cadres.
There’s no cure against stoopidity. You can dress up stoopidity is so many ways but it will still show.
Time wasters you now want to add more days to your petition! You thought by delaying your petition will be at your advantage. Mubepelefye mwaliloba ilyauma bane!!!
If HH wins this case, it will be the first time in History for a losing candidate to be declared President/winner. We have always known that a winner is the rightful person to be in office.
HH you are spoiling further chances for you to be considered the right person for this job. People are losing business during this period. There is uncertainty, etc. We need to move on please stop it.
You can’t play around with technicalities. The bottom line is that you lost and therefore you need to move on. The atmosphere you have caused proves beyond doubt that you are not the right person for this job.
I know you are being misled by the likes of Mwiya at OP and your colleagues at Concourt.
I agree with you.. this Under 5 needs to retire forever
Just chill. Zambia has had 5 years of no business under PF. That’s why the economy is dead and washed. What is 14 more days? Even if PF has 1,000 years to govern Zambia, the only impact would be that Zambia would return to a jungle and caveman territory.
It is 14 days including weekends and nothing else .The constitutional Court should have been considered to work over the weekends.Now its to late the petition will have to be heard after the inauguration.
What happens then if the Constitutional Court exceeds the 14 days given by the constitution as it is very clear from article 269 (d) that the weekends are inclusive if the petition exceeds 6days?
@MGS
Lungu was declared winner on a Tuesday (if Iam not mistaken). Therefore the first 7 days in which to file the petition started to tick on Wednesday and the first “excluded” days i.e. Saturday and Sunday fell within the 7 days and as such should be counted. The next 14 days in which to hear the petition are “spanning” over the subsequent “excluded” days i.e. the last weekend. Therefore, the last date of hearing the petition is this week Friday, 02/09/2016. The ConCourt is therefore “time barred” to proceed beyond this date. In other words the case should collapse.
Losers!!! Is it 10 times loser now? And he can still talk. The ass.hole is not popular to make president & he has an opinion about a constitution he refused to vote FO. Panse!!!. Friday ninshi chapwa. Next week we swear-in our president. Panse tribal products!!!
You won’t till Court says so or else army will wipe you out…dare!
Let the trial start and the truth will come out. This Election Petetion is a blessing in disguise for Zambia. It is sending a clear message to Election Riggers that they will not be allowed to steal peoples’s votes with impunity. To justice Chulu,ECZ Commissioners and Senior Management we say “You have made your beds and its time to sleep in them”. Never will u ever connive with the Ruling Party to rig elections and expect to get away with it. ECZ and Lungu are on trial. Its high time to prove to us that u did not steal our votes. We stood in long queues for hours to cast our votes and little did we expect that ECZ would aid and abet a thief to steal our votes. Concourt we are with u but we want justice and fairness in this critical matter. The whole World is watching!!
The petition was a blessing in disguise for Zambia…. its outcome will change the political landscape forever. A number of us have said it before, many of the problems Zambia faces today can be fixed with a proper constitution.
HH is useless just like UPND.LETS MOVE FORWARD SHA
KALUSA YOU STILL TALKING?? I THINK YOU UP TO NO GOOD, NOW I CAN UNDERSTAND! YOU ARE FAILED ZAMBIANS BUT DETERMINED TO BRING CIVIL STRIFE! ITS ONLY THAT YOU DONT HAVE SUPPORTERS TO HELP YOU OTHERWISE THIS COUNTRY WOULD HAVE BEEN ON FIRE ALREADY. PLEASE ARREST HIM NOW.
Munene , that is only possible if there is no petition. In this case he steps aside. Maimed back HH Stop thinking about the church , they are PF cadres. You’re calling on Sadr and think they’re interested in Zambian peace.
WHETHER ECL STEPS ASIDE OR NOT, IT DOES NOT MAKE ANY DIFFERENCE. IF ANYTHING HE HAS BEEN INACTIVE BASICALLY ON HOLIDAY. STEPPING DOWN FOR 7 DAYS WILL NOT MAKE YOU WIN THE CASE. IF I WAS LUNGU I CAN EVENGO ON HOLIDAY TO BAHAMAS FOR 8 DAYS TO COME BACK TO A THUNDEROUS WELCOME.
With regard to the 14 days, the question is why was the 14 days given. Its so that the lawyer can argue their cases and Judges can make a ruling. It was seen that 14 days were sufficient. BUT who works on Saturdays and Sundays? If no court or Judge will be working on Saturdays and Sundays to hear the case, then why should the weekend be counted. Its not just a matter of counting days. Its about days when the courts are busy doing something. You dont need a law degree to understand logic.
@20 Kaonde… sometimes Courts work even on Weekends and even at awkward hours. The time HH was running up to down trying to stop the counting process was weekend!
Surely you don’t need a law degree to understand a simple clause 269 in our constitution which says weekends come into effect after 6 days from filing of the petition. Prof mvunga is the author of this constitution and he knows what he is talking about.
Look at article 269 (d) and understand what it states. Law is law. It is not logic thinking.
If Mvunga authored this Constitution, how come he forgot to advise his own young brother that there’s no provision for Deputy Ministers in the PF Constitution? He could have saved his own brother a refund of 8 months of pay and allowances.
14 days is 14 is days and 14 working days is 14 working days. Do we need lawyers to interpret this? Open your eyes. Some lawyers are just after money. More days more money.
The country is running smoothly without empty tins anyway ..we saving a lot…in the mean time all former ministers and deputies need to pay back our money; no govt loans will help you here.
After Mmembe pays that’s when ministers will pay after all its the courts which said so.
14 days is 14 days, period! You can’t afford to keep people in suspense anymore; even the vote counting had no non-working days. The Judges involved can be paid overtime. God bless Zambia!
But will you and your friends at Times & Daily Mail turn up in court at 8 in morning on Saturday to work?
HH’s insitence on Lungu stepping down and giving the speaker the powers is ill conceived. Several contributor here have shown that the law allows Lungu to continue as President unless a re-run is ordered! So what is his issue? Besides,this matter has been presented to the court so why is he talking about it in the press? He wants PF to respond so that the case can be tried in the press? Again he is commenting on closed Muvi,Komboni Radio when these are matters which have been taken to courts! We have just seen that Itezhi-tezhi radio won back their licence by proving that they have taken curative measures by firing a presenter who went offline the broadcasting ethics- an admission of a wrong! Why is he talking when the due process of the good laws he fought against is going on!?
I cant believe the country is on stand by because of 2 selfish people (HH & GBM). SMH Time for elections is over baba its time for unity and building of this great nation not going back & forth with that petition. I know lots of UPND supporters who are already fade up and tired by this.
The country will and should NOT move to allow Lungu PF benefit from their violation of Article 45 by the brutality and trauma they unleashed on lusaka and Copperbelt.
A party with full of people ,who hate even the development that has been taken to their door steps? Destroying a clinic,school, police post, burning tires in our expensive roads ? destroying infrastructure that has been put up to help them and there families? Beating up people suspected to have give PF a few votes?.
Wake up Zambia don’t live in the parable of the boiled frog.
Peace.
If one is given 7 days sentence ,for commuting s crime ,by the courts of law starting from Monday .How many days will such a person stay in prison ? 7 days or 9 days folks?
7 days…. simple and straight forward… Martha Mushipe the bitch is ill advising Under 5
26 flag In support of PF
August 30, 2016 at 3:51 pm
vote
If one is given 7 days sentence ,for commiting a crime ,by the courts of law starting from Monday .How many days will such a person stay in prison ? 7 days or 9 days folks?
Reply
Shallow pedestrian thinking.
Ba HH bena kuculaculafye mwandini. kikikikikikikikikikiki……………….ala mwankonona ulufumo nokukula lwakula kwati lwakwa GBM umwaisulafuye ifisushi fyekafyeka…………..hehehehehehehehe………………. This man claims to be intelligent and yet he is the dullets man I have ever seen in Zambia. HH stop all your free mansons acts and repent. If you completes stops being a Satanist, God will reward but if not ukalashalafye naine nkesa kuwina
You do not need to rig days. 14 is 14.Anything more is tantamount to treason. Now I believe why you manipulate figures. Day light robbery. HH, its time up. Are you shy to lose a single election twice.
Wacepa boyi….
This reminds me of the famous Crooks Law at UNZA. Those lazy chaps we’re busy partying and copying assignments at the expense of serious and hard working students, but there was a catch, the exams! Those who thought it was child’s play started causing violent activities at UNZA in the hope that it closes and everyone else get affected. This same can be said about HH, he thinks he can ascend to Presidency of our country through Crooks, NO! HH overatted himself to the point of believing he was the president of Zambia and when reality caught up with him, he rushed to the same Constitution he condemned everyone including President Lungu for consolation.
HH please, 11 August 2016 is already passed and President Lungu, defeated you clean, woke up from slumber and let the victor govern our…
I can clearly see that con court is playing games.For 8days they have made no ruling and keep on delaying everything so that the days can elapse.I feel pit for them ,because the truth can not be hiden.Zambians will lose trust in the rule of law and ECZ and take the Zimbabwean root.Zambia will be an governable.
Where interpretation of law becomes an issue, parties refer to the actual parliamentary minutes relating to the passing of the law in issue. Therein will be revealed what the actual days are. I bet the weekends are included because the intention of the lawmakers (and by proxy citizens) was that matters relating to the presidency were to be disposed off expeditiously to avoid holding the country at ransom. And UPND ought to know this. If they don’t, they should blame it on their propensity to walk out of the house that characterized their previous term. Surely, they must have missed a crucial point of law and now it has come to hit them in the teeth. We all know that the petition can even be filed on a weekend. Zikomo.
Pedestrian thinking.
Court does not hear matters on weekends.
Is common sense eluding you?
All Upnd officials and bloggers are insane. I said it before and I ‘ll say it again. That chainama you were frequenting has manifested in public. At first I thought It was only nevers was has lost it but alas it’s everyone. Chainama fever. Mukose. Constitution says 14 days not 14 working days. You don’t need those four judges who were schooled by prof mvunga to tell that.
Lungu why steal victory if you were popular? Only blind followers can be manipulated by Lungu.
The victory was not stolen it was awarded by us voters. Clear your thoughts, UPND just won 3.5 provinces whilst PF won in 6.5 provinces. The minority can not rule over the majority.
Mg5
As long as the win was fraudulent, it’s not a win.
@kayombo you are a retard
Consequences of tribalism – you voted for your tribesman and not for good manifesto – there you are. Instead of conceding defeat, you keep on contesting the electorate’s decision of ECL as their president of choice. You lost..votes are not won in court but in the ballot. Check your president to someone else – or even change to a different part. Under Mazoba UPND was a better party, tribalism set in when you declared only of your tribe could succeed Mazoka – the result – declining fortunes. Can’t you wake up, can’t you see?
This simply shows that we were so careless as a country in drafting and accepting that constitution. When a Presidential candidate in the USA is declared winner, it takes 60 days before he’s sworn in.I think we should have taken a leaf from the USA as it makes a lot of sense in that if there are some electoral disputes they could be disposed of in the 60 days before the President-elect is sworn in.Will the Concourt be able to pass a favourable verdict in 14 days??Zambia has got brilliant lawyers who had time to go through the draft constitution. Oh sorry I forgot that when the document was finalized in Parliament it was at night and most MPs were sleeping!! It is not a people-driven constitution. Cry my beloved Country!!!
This man thinks what he did at Mulungushi rock of authority to the rest of the then pf presidential hopeful he can do it at national level again, it will not be easy Lungu. You lost, try 2021, period!
@hahsha kwena kayombo ena ni RETARD
Consequences of tribalism – you voted for your tribesman and not for good manifesto – there you are. Instead of conceding defeat, you keep on contesting the electorate’s decision of ECL as their president of choice. You lost..elections are not won in court but in the ballot box at a polling station. Change your president to someone else – or even change to a different party. Under Mazoba UPND was a better party, tribalism set in when you declared only of your tribe could succeed Mazoka – the result – declining fortunes. Can’t you wake up, can’t you see? This country has 73 tribes but it has been independent for just 51 years. This means that even if each tribe was to has its president rule for one year, there would still be 23 tribes remaining to have their fair share of a one year term…
HH is so desparate to win elections.The man can kill to be a presidnt of Zambia.I have never seen such a desparate politician like HH.mwebantu please help us before war breaks in Zambia.The man wants to rule at o costs.there are even rumors that HH is telling the Judges such president Chibomba that u need to favor me bcoz it’s time for Tonga to rule.iyeee this man love power.Please lungu don’t give da speaker the powers.We voted for u and cocourt should be very careful bcoz we won’t allow them.The will of pipo should prevail and not the will of one tribalist.
The desperate man that can kill to be president is LUNGU!
And he HAS KILLED ALREADY!
This country has 73 tribes but it has been independent for just 51 years. This means that even if each tribe was to has its president rule for one year, there would still be 23 tribes remaining to have their fair share of a one year term in office. Now, imagine that we have a five year term – it would be 365 years for a every tribe to have their president rule for one term each.
Reply
SERIAL KILLER=SERIAL LOSER=14 DAY=47%
IF YOU DON’T DRINK BEER,THEN WE RESPECT YOUR CHOICE,JUST LIKE WE RESPECT YOUR NAME. WE LOVE YOUR NAMES HHHHHHHHH
1 ZAMBIA 1 NATION 1LEADER AND THAT LEADER = ECL
This syndrome of unless its me should come to an end.ie Dunduwezi its ok for him to win no complaints since it favors him. Zambians open your eyes because the effects of the petitions on our economy will show in the same 5years mandate of PF and people will start accusing pf of failing them.Even people who were defeated by independent candidates are crying foul play.Shame on them.
Radio Itezhi Itezhi have had their license reinstated
They discussed with the IBA and admitted that they didn’t realize that their broadcast had the potential to ignite riots
Muvi preferred to go to court so inform HH to wait for the court ruling. As for the post should check what has happened with Ireland and Apple for playing around with taxes
He should also ask the Tanzania president why he closed 2 radio stations yesterday.
I think Lungu is sharp – he saw this coming when he enacted the laws. I mean, he saw the impossibility of challenging the presidential result within 14 days. It takes a giant to put Mmembe in a cell and live to see the next day. Previous leaders tried it and failed despite suffering all manner of abuse at the hands of the post. Who would have imagined meek-looking Lungu stinging them hard to send them scampering for cover under some church? Even this Court case is a foregone conclusion to ECL: First he dressed the concort in confidence attire by the ruling against ministers and attracted you to the court, more so that it has fewer bembas on the bench. Trust me … he had this one well-rehearsed. Ni chess. Ni guy.
So HH sends hooligans to physically remove the president because the Upnd consititution says so. The Upnd consititution allows anyone to disregard the Republican consititution. Am afraid this man has lost it.
The fact is that HH has hope in Judge Hildah Chibomba becomes she comes from southern province.HH thinks about tribe always.UPND insiders are saying HH thinks since there are 5 Judges from his strongholds then they will rule in his favor.He has even told his supporters that concourt will rule in his favor hence the celebration in parts of southern province.They are saying we have our pipo at concourt and they think it’s time for a tonga to rule.HH is a wrong person.I’m now convinced that he came bring genocide in Zambia
Tribe was never an issue when those Judges comprising the concourt were appointed. Why has it become an issue now?Leave those Judges alone to do a professional job. A situation where we are looking at tribe in every area in the development of this country is not healthy. Let people be appointed on merit and be dismissed for incompetence.
Ndeloleshafye
Intepretation and General Provisions Act
Cap 2 of the Laws of Zambia
Try read it up if you want to know what “a day” means. What if “a day” falls on Sunday. Etc etc its alllll there.
If you want to keep information hidden from an African, put it in a book !!!
@Apathy, we don’t need books on this one, we need common sense. They both campaigned on Saturdays and Sundays. The votes were counted on those days and now they are busy trying to confuse us with their philosophy of “a day.” It is what it is hence time to shake hand and get back to work.
“The Constitutional Court shall hear an election petition relating to the President-Elect within fourteen (14) days of the filing of the Petition… emphasis: “HEAR”.
I think for me ‘hear’ in the context of this sentence doesn’t mean concluding the case and passing judgement. It means the court shall begin the sitting and deliberating over the matter within 14 days from the date of filing the issue. Officially “days” mean ‘working days’ but that shouldn’t matter anyway as they have already started ‘hearing’ the case.
The PF and Lungu people want to win the case by technicalities and ambiguity of the foreign language wording, rather than the merits of the evidence. They probably need guidance from someone whose first language is English. They…
@ 48 Maverick,
“shall hear” is not the same as “shall commence hearing”
Consider this;
“Lecturers shall mark students’ exams within 14 days of completion of writing of exams”
Would you say the above implies “shall commence marking within 14 days” ?
If you answer the preceding question correctly then you will have addressed the said 14 days at hand.
My clear understanding of “shall hear within 14 days” is that the hearing shall done within 14 days starting from the day of filing of petition.
That means all arguments and debates (amendments, responses, and counter-responses) shall be ended within 14 days.
What may remain, however, is passing of judgement by the judges. The time limit to this part is not specified.
However, looking at the nature and…
Continued..
However, looking at the nature and urgency of the case judges, being responsible citizens, would not ordinarily delay the verdict.
continued…
They played ‘Chicken’ games again on ministers’ continued stay in office and they are at it again.
Lungu really should step down otherwise this entire exercise is laughable. How come the always overzealous police have gone to sleep on this instead of enforcing the law. The ConCourt should have ruled on Lungu’s stay in office as the very first thing before anything else.
This country has truly gone to the dogs.
I note that you have put “Continued..”, do you imply that this argument is a continuation of @48?
If your answer is yes, then I wish to call you to consider the following thought:
You have just been told that two (2) pupils have just written their final grade 12 exams.
They have also informed you that the one passed the mock exams while the other one failed the mock exam.
Would you, based on that information, entirely conclude that the pupil who failed the mock exam will also fail the final exams?
Am of the view that having a different view from the judges, regarding the ministers’ stay in office, does not imply that ECL and his legal will always have different views from those of the judges.
Thus, it will be safer, and more objective to treat the two cases…
Continued..
Thus, it will be safer, and more objective to treat the two cases independently, and on a case by case basis as they have different merits and demerits.
@ 48 Maverick,
You know what, “shall hear” is not the same as “shall commence hearing”
Consider this;
“Lecturers shall mark students’ exams within 14 days of completion of writing of exams”
Would you say the above implies “shall commence marking within 14 days” ?
If you answer the preceding question correctly then you will have addressed the said 14 days at hand.
My clear understanding of “shall hear within 14 days” is that the hearing shall done within 14 days starting from the day of filing of petition.
That means all arguments and debates (amendments, responses, and counter-responses) shall be ended within 14 days.
What may remain, however, is passing of judgement by the judges. The time limit to this part is not specified.
14 DAYS OR NOT WE ARE SIGNING THE DEAL. ZAMBIA IS ON SALE
HH, please stop talking about Radio Stations and the Post. It’s not part of the Petition. Concentrate on issues surrounding your Petition. I think HH is rich but dull. Look at what has happened to Apple Ireland concerning Tax. The problem is that he does not know what he want.
SELL ZAMBIA – WE WANT TO DO BUSINESS WITH YOUR GDP SERVICES AND YOUR MINES
Well done Maverick! Your comment has just shown all the other previous ones owners that they have missed the mark completely!
Co-signed
The legal conundrum that is the new constitution will bring about sleepless nights and lots of potential future hand wringing, depending upon how they handle all these matters. Glad I don’t have the headache of figuring it out.
The incumbent staying on until handing over to President Elect is standard electoral practice in any democracy. The petition changes that and then speaks of powers being handed over in that event.
Seems straight forward. Once challenged, one has to step aside and face one’s challenger. If one is innocent then there is nothing to worry about as all will be restored once proven innocent.
All I see is panic and worry. Perhaps there is no innocent party here. In which case the bleating to shut down on Friday will be entertaining to watch…
I am sure the words ” shall hear an election petition within 14 days of the filing of the petition” don’t mean the case should be disposed of within 14 days. Filing a petition is one thing. The time the court begins to hear it and conclude it, is another. What if there is so much to sift through? You can’t restrict the actual proceedings to 14 days. “Shall hear” means, in my estimation, that the case will begin to be heard within that period.
Right on @ Harold Muna… my interpretation exactly. And I can’t believe the UPND lawyers didn’t pick up on this, instead trying to argue ‘week day / weekend’ technicality.
Back when this started, one blogger pointed this out and got jumped on like he stole something…
Hearing and concluding a hearing by passing judgment are often stated as one and the same up here. Case in point, see how many are losing their rags today…
And by the way just to add, I believe it is the court that has overall discretion over the time and how long it will take. They are supposed to be a competent constitutional court mandated to interpret the law. So it is actually pointless for the petitioners lawyers and the respondents to bicker over the “14” days and “weekends”. It just shows the low IQ we have in the country. It is the responsibility of the court to offer guidance on such technicalities and the lawyers should not be dictating to the court. Rather their concerns should only be the case and the evidence.
Even if the ’14 days’ meant the disposal of the case, I doubt the ConCourt will throw away the case and dismiss it because they couldn’t hear it due to lack of time. It’s their discretion.
14 DAYS IS CALENDER DAYS PERIOD AND IT WILL END ON FRIDAY 2 SEPTEMBER 2016.REMOVING THE WEEKENDS DOES NOT APPLY TO CONCOURT ONLY HIGH COURT.
HH AND GBM are to blame because if concourt concentrated on the initial petition it could have been concluded by now.but it was petition after petition and amendments after amendments. i dont know which case the concourt can finalise because there are to many to handle..sometimes dullness of lawyers also contributes to this..he hired raw lawyers to represent him.therefore 14 days is a calender days which will end on friday…SATANA TAKATEKEPO ICALO CA ZAMBIA.
HH, SONTA APOBALEMBA TUMONE: WHAT COMES FIRST CHICKEN OR EGG? WHAT REMOVES THE PRESIDENT ELECT FROM OFFICE, PETITION OR JUDICIAL RULING THAT HE WAS NOT VALIDLY ELECTED?
A CLAIM OR A DISPROVED EVIDENCE OF THE STATUS QUO?
============================
103. (1) A person may, within seven days of the declaration
of a President-elect, petition the Constitutional Court to nullify the
election of the President-elect on the ground that—
(a) the person was not validly elected; or
(b) a provision of this Constitution or other law relating to
presidential elections was not complied with.
(2) The Constitutional Court shall hear an election petition
relating to the President-elect within fourteen days of the filing of
the petition.
(3) The Constitutional Court may, after hearing an…
.. election
petition—
(a) declare the election of the President-elect valid; or
(b) nullify the election of the President-elect and Vice President-elect.
(4) A decision of the Constitutional Court under clause (3) is
final.
(5) Where the election of the President-elect and Vice President-elect
is nullified by the Constitutional Court, a presidential
election shall be held within thirty days from the date of the
nullification.
I AM INTERESTED TO SEE THE OUTCOME HERE AS REGARDS SPEAKER’S ROLE IN AS FAR AS THE PETITION IS CONCERNED: IS HH MAKING SENSE OR IS THIS ARTICLE PROBLEMATIC? CHIZUNGU CHIBVUTA BABA Mmmmmh! Who wrote this article? THE ARTICLE AND ITS INTERPRETATION SOUNDS LIKE NEBUCHADNEZZAR’S DREAM.
===============================
ARTICLE 104
PART(3) Where an election petition is filed against the incumbent, under Article 103 (1), or an election is nullified, under Article 103(3)
(b), the Speaker shall perform the executive functions, except the power to—
(a) make an appointment; or
(b) dissolve the National Assembly.
(4) Subject to Article 105 and except where the incumbent is the President-elect, the incumbent President shall, on the assumption of office by the President-elect, begin and…
… complete the procedural and administrative handing over of the executive functions, to the President-elect, within fourteen days from the day the President-elect assumes office.
WELL! TELL ME THE ARTICLE AND THE INTERPRETATION THEREOF! IS HH MAKING A FOOL OF HIMSELF OR DOES HE HAVE A POINT?
THE CONCOURT IS OUR ULTIMATE DANIEL, BUT IS SHOULD MAKE SENSE EVEN TO A LAYMAN LIKE ME. I MEAN I DON”T LIKE LAWYERS’ JOBS UNTIL I AM FOUND WANTING AND I SEE THE NEED FOR ONE. BA LAWYER FYE AWE MWANDI? NALIPUMA! SO MWALAFOLA BAMAMBALA!!!!!
… complete the procedural and administrative handing over of the executive functions, to the President-elect, within fourteen days from the day the President-elect assumes office.
WELL! TELL ME THE ARTICLE AND THE INTERPRETATION THEREOF! IS HH MAKING A FOOL OF HIMSELF OR DOES HE HAVE A POINT?
THE CONCOURT IS OUR ULTIMATE DANIEL, BUT IS SHOULD MAKE SENSE EVEN TO A LAYMAN LIKE ME. I MEAN I DON”T LIKE LAWYERS’ JOBS UNTIL I AM FOUND WANTING AND I SEE THE NEED FOR ONE. BA LAWYER FYE AWE MWANDI? NALIPUMA! SO MWALAFOLA BAMAMBALA!!!!!
MY APPEAL TO PRESIDENT LUNGU SORT OUT THE MESS IN THE HEALTH SECTOR. HOW WOULD LUNGU LIKE IT TO SEE HIS RELATIVES ANSWER THE CALL OF NATURE ON THE FLOOR? THAT IS WHAT IS HAPPENING AT UTH, THE HIGHEST HOSPITAL IN ZAMBIA. THERE IS A SHORTAGE OF BEDS THAT NOW TWO PEOPLE ARE NOW ALLOWED TO SHARE BEDS. CAN YOU IMAGINE THE TRANSFER OF INFECTIONS BETWEEN PATIENTS? THE TOILETS IN THE WARDS HAVE NO WATER AND ARE AN EYE SORE. PEOPLE DEFAECATE ON THE FLOOR. LET LUNGU AND HIS CABINET GO INSPECT UTH WHEN HE PUTS IT UP. IT IS SO SAD. THIS CANNOT BE HAPPENING TO THE NO.1 HOSPITAL IN ZAMBIA. PLEASE LUNGU SOLVE THE HEALTH PROBLEMS IN ZAMBIA. NO MEDICINES ETC.
When the bill was introduced in parliament Upnd MPs went to the motel to pint and get drunk and here there are begging you to give them another term for what to drink and avoid serious national duties?
The President Elect will be sworn in this weekend. The fourteen days ends this coming Friday. It is clear that the petitioners did not do their homework. Once sworn in, trouble makers will caged to preserve peace. If need be, let the President declare a state of emergency so that law enforcement agencies can be given enough powers to deal with would be offenders until peace is restored.
Just wasting people’s time! They cannot win!
I will never vote again. Our votes has been stolen by selfish Politicians who wants to clinge to power at all costs. Why vote? Let the thieves enjoy again. African Politics are fake there is no democracy.
If Upnd did not file the petition within 7days Ecl was going to be inaugurated on Tuesday. They had to rush to do it knowing that time was not on their side meaning weekends included. Why is the exclusion of week ends coming in now? Concourt judges nimbushi. They gave a wrong judgment to ministers issues and they are yet to give another wrong judgment. Ecl disband these incompetent team of fake judges after inaugration.
This is true you can’t make Cows your daily friend in the bush from morning to evening and come and deal with people. HH is a useless man who makes a fool of himself and the people he attracts. Simple things he can’t understand that the president is still ECL. No matter much you hate ECL he is the president of Zambia and you shall be under his rule and trust me this time you’ll learn to respect him. Your running mate GBM has confirmed already that he shall respect the court out come which he knows now. Wait and see how UPND shall be divided.
Hh must bear in his head that it is him who are making us who voted for ECL go through anguish to the point that we are now loosing patient of the concourt Thing.okay
Reading most of these comments..i clearly see how dull Zambians are no wonder citizens in this country are content with suffering and having no proper laws and rights. People don’t even understand the referendum which is a right in itself that every person should have and be aware of. I’m leaving this country, going to get married out there and change citizenship. I’m done. Remain in this dark country. Bloody Zambians always settling for less. Try sober successful intelligent people, maybe mindsets will start changing slowly..
@ 48 Maverick,
You and I know that, “shall hear” is not the same as “shall commence hearing”
Consider this;
“Lecturers shall mark students’ exams within 14 days of completion of writing of exams”
Would you say the above implies “shall commence marking within 14 days” ?
If you answer the preceding question correctly then you will have addressed the said 14 days at hand.
My clear understanding of “shall hear within 14 days” is that the hearing shall done within 14 days starting from the day of filing of petition.
That means all arguments and debates (amendments, responses, and counter-responses) shall be ended within 14 days.
What may remain, however, is passing of judgement by the judges. The time limit to this part is not specified.
Continued..
Now, looking at the nature and urgency of the case judges, being responsible citizens, would not ordinarily delay the verdict.
@ 49 Maverick,
I have seen that you have put “Continued..”, do you imply that this argument is a continuation of @48?
If your answer is yes, then I wish to call you to consider the following thought:
You have just been told that two (2) pupils have just written their final grade 12 exams.
They have also informed you that the one passed the mock exams while the other one failed the mock exam.
Would you, based on that information, entirely conclude that the pupil who failed the mock exam will also fail the final exams?
Am of the view that having a different view from the judges, regarding the ministers’ stay in office, does not imply that ECL and his legal will always have different views from those of the judges.
Continued..
Therefore, it will be safer, and more objective to treat the two cases independently, and on a case by case basis as they have different merits and demerits.
AS A STUDENT, WHICH ONE WOULD U RATHER BE HAPPY WITH, A 50% MARK FROM YOUR OWN EFFORT OR 75% MARK FROM COPYING / CHEATING?
Before answering that question, it is important to put the question in appropriate context.
It will be wrong to keep accusing a student who always passes, that he copies from the student who has never passed any exam in the last 5 sitings.
ba pf bamambala bukawalala..and thuggery..Zambia is st stand still because of you..
Gentlemen, Please read this!
Constitution of Zambia (Amendment) [No. 2 of 2016]
Election Transition Period
Article 104.
1 . The President-elect shall be sworn into office and assume office in accordance with Article 105.
2. Subject to clauses (3) and (4), where the Returning Officer declares a presidential candidate as President-elect, the incumbent shall continue to perform the executive functions until the President-elect assumes office,
except the power to—
(a) make an appointment; or
(b) dissolve the National Assembly
3. Where an election petition is filed against the incumbent, under Article 103
1. or an election is nullified, under Article 103(3)
(b), the Speaker shall perform the executive functions, except the power to—
(a) make an appointment;
or (b)…
HH please let Lungu be,,, you will win the elections in the nearest future
In fact HH can simply pay for his friend then demand the immediate reopening of the Post.UBU BUPUBA,CHAFILILWE UKULIPILILA INGANDA YAKWA V/P WAKWE. VERY SELFISH TONGA GUY, HE CANNOT RULE ZAMBIA
THINK TWICE IWE AND DON’T BE DULL LIKE HAPENA HAPWA
The days of the week according to the calendar are SunDAY, MonDAY, TuesDAY, WednesDAY, ThursDAY, FriDAY, and SaturDAY. All end with DAY so they are all days unless it is qualified that weekends and holiDAYS are excluded.
Amazing bad language from Zambians. Shame. I thought this time around the best thing to do is to pray and ask God to take charge and not leave Zambia alone in this confusion brought in by the august 11 2016 elections. Where were these people insulting now, when Edgar made headlines that at all costs, he will retain power, whether he wins or not? Where were all of you when Edgar said, he will not hand over power no matter what it takes? Where were all of you when Edgar said, there is no way he can be president for only a short period of time? Where were you when Edgar said he was “begging to be given another mandate by Zambians? In all these he flatly behaved as if there were no opponents, and as the case was, concentrated on hate talk and statements against opposition. Edgar…
Opposition please petition all the seats won by the illegal Ministers. They used national resources during campaigns. These guys have propensity for lawlessness and illegalities. Baltonawila ichalo.