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Alba Iulia
Tuesday, February 25, 2020

FDD and YALI welcomes the dismissal of the Presidential Petition

Headlines FDD and YALI welcomes the dismissal of the Presidential Petition

Lawyers in the election petition at the Supreme Court this afteernoon
Lawyers in the election petition at the Supreme Court this afteernoon

The opposition FDD has welcomed the ruling of the Constitutional Court to dismiss the petition against the election of President Edgar Lungu on account that the Court had no more jurisdiction on the matter following the expiry of the 14 day period.

FDD Spokesperson Antonio Mwanza said his party sympathises with the UPND but there is need to remember that the country is a constitutional democracy hence the Constitution is the Supreme law of the land.

Mr Mwanza said It is common knowledge that the UPND lawyers spent more time filibustering the court instead of presenting their case within the 14 day period and that people should now reconcile and concentrate on building the country which is bigger than any politician.

“We sympathise with UPND but we want to remind everyone that, ours is a Constitutional Democracy therefore the Constitution is the supreme law of the land. There was nothing else the ConCourt could have done other than dismissing the petition following the lapse of the 14 day period.

“We want to urge everyone to bury the hatchet and reconcile with each other. Zambia is bigger than all of us. The ambitions of politicians should not over ride national interest. And in the words of Abraham Lincoln, we are not enemies but friends, though passion might strain, it should not break the bond of our affections,” he said.

He added “It is equally important at this time to take into consideration the many deficiencies in our electoral system and ensure that correct remedial measures are taken to enhance confidence in our electoral system and ensure in future we can have elections that are free, fair, credible and transparent. It should be noted that the court did not dismiss the petition on account of lack of evidence of malpractice but on account of time. Thus the issues to do with alleged irregularities have not been dealt with.”

He also reiterated his party’s call to have ECZ disbanded.

“As FDD we wish to maintain our call to disband ECZ and appoint new commissioners as well as the need to amend the constitution to cure the many mischiefs such as the various ambiguities and lacunas rout in our constitution,” he said.

Meanwhile the Young African Leaders Initiative (YALI) also commended the the Constitutional Court for finally putting the matter of the presidential Petition to an end saying “they have now acknowledged the case has become time barred after the lapse of time as provided in the Constitution for hearing the petition.”

YALI President Andrew Ntewewe however said his organisation was saddened with the many inconsistencies in the ruling of the Constitutional Court which said has brought the issue competence of judges into public discussion.

Mr Ntewewe said YALI was of the view that the petition should have been given the fair hearing within the 14 days as provided by law as that would have afforded both Mr Hichilema and Mr. Mwamba to be heard.

He said blame should go to all parties involved including the lawyers of both the petitioners and the respondents who should have taken charge of the case.

“We want to make it clear that instead of assigning the single blame on the conduct of the Court which failed to provide direction from the time the petition was filed, parties to the petition ought to be reminded that it is the duty of lawyers representing both petitioners and respondents to take charge of the case,” he said.

He added “We are aware that Rule 36 of The Legal Practitioners’ Rules, 2002 Statutory Instrument No. 51 of 2002 provides as follows:

“A practitioner when conducting proceedings at Court Shall be personally responsible for the conduct and presentation of the client’s case and shall exercise personal judgment upon the substance and Purpose of statements made and question asked.”

He further said “We therefore believe the legal counsels who were retained by the Petioners also had responsibility to help the Court guide all litigants on hearing of this matter within the timeframe as set by the Constitution.

“We also believe the Court and parties to this litigation should have heeded the prior guidance from our legal team, offered in form of a well researched and debated opinion, among our young lawyers and law students on the issue of timeframe rather than dismiss it the way they did which has now cost brought their reputation into question.”

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  1. All the highest courts around the world including the USA and UK make final decisions by voting and the ConCoourt has voted 3 to 2 to have the petition dismissed and all Zambia that love this country need to respect the decision and move on. This is rule of law at it’s best.

    Time to turn our attention to the new battle front that is about to unfold in UPND. Is HH going to be at the helm of UPND after losing 5 times or it is time for GBM to finally take over a party?

    Watch the space. Interesting time in UPND

    • Upnd petition lawyers just wanted money. They knew hh can’t win that petition. Even me I would have accepted that offer knowing it was easy money. Gbm and hh don’t take advise that’s why they keep losing. How do you lose twice in a single election. This record is indeed great for hh. Worth including in the genies book of records as a candidate who lost 3 presidential elections in less than 1year 6months.

    • Zambia will now be worse than zimbabwe. Zimbabwe now printing bond promisory notes to pay its workers because it run out money.

      At leats Zimbabwe has diamonds to sell on the black market, what about Zambia.Kaya.

      Muzanya manzi manje.

      HH and GBM ni Zee .

      By Wanzelu.

    • I am only worried about the so many doomed political careers:
      • .GBM left PF for greener pastures that have turned out to be gray.
      • .Nevers Mumba in his wisdom joined the band wagon after failing to run MMD – I do not know what is next for him.
      • .Guy scott and his wife had a bone to chew with Lungu hence siding UPND – I don’t think he will have another chance to challenge Lungu.
      • .Mulenga Sata out of his novice brain wanted to undermine Lungu who had even appointed him minister – now where is he going.
      • .Maureen Mwanawasa in her wisdom decided to support UPND just because her step son was appointed permanent secretary by PF – she has now ruined herself.
      • .This list is endless………….
      • .Only Miles Sampa so wisdom at the last minute when he abandoned his sins and opted to…

    • @Benzi, stop wishing bad for the country. Zambia is our heritage, pride and love, should you stoop this low just because your preferred candidate lost the election? Awe Benzi ichindikeni.

    • Iwe ka Zambia 1

      You think you can copy mugabe’s governing method without all the consequences that befell Zimbabwe?
      Please try to unbum your head and begin to think straight.

      If you can tell and predict the economic calamity that will hit Zambia under PF ‘s poor leadership then are one of the dullest Zambian I have ever come across. Even dogs sadly know that under PF their rations were drastically cut.

      The only reason IMF is coming to bail out Zambia is because its major shareholders purchased Zambian bonds and need to be paid their interest money now. So IMF will service PF ‘s bond interest on tough conditions which Lungu will announce very soon after inauguration on Thursday, because Wednesday he will dead drunk.

      Zambia is headed for tough times ahead. Its my Zambia…

    • We said it, DON’T TAKE THE INDULGENCE OF THE COURT FOR WHAT IT IS NOT when HH went on a BOASTING SPREE! We got the usual insults from UPND pin heads who think ZWD opinions are stuff for the Courts. Now go leak you wounds. Just be ready for “BA-FI-COLOR IMWE” sort of VULGARISM from your GBV once the battle for the control of UPND starts in earnest. Good Luck!!!

    • @2 ECL Chabe!
      I have no doubt you got tickled by HH’s seemingly non-ending resilience. In the end, you were able to outwit him. Congratulations.

    • Don’t feel pity for HH or GBM they will next week and each year always buy the very latest car and fly around using they cash. No lose to them. Pity yourselves praise singers. You and your children will be the ones living your usual mediocre lives. Viva petitioners you’re the real winners.

    • Let the Rats,Monkeys and finkubala in the animal continue to cerebrate,there only problem will be that cows ,wild beasts and water monitors will no longer toil for them to eat free.The Cos , wild beasts and Water lizards will soon form their eco system.Byee byee animal farm called Zambia.Thanks for 52yrs of your misrule its done no more looking back but forward.

  2. I wish UPND well. Stay as a united front, if you believe in democracy. And please in the unfolding succession tangle let’s not hear Tonga this or Bemba that.

    I urge my friend HH to step aside and look from the sidelines the politics of this country. There is nothing HH loses as he is already super rich. It’s unlikely that if HH continues in business, there will be any President that will reach his level of wealth. So boyi just enjoy your billions and set up a HH Foundation to uplift the down trodden like Bill Gates has done.

    • When a man refuses that he is impotent kumupela yonse,so that he has no one to blame.Lungu ni Ngomwa and Ngomwa ni Ngomwa.We shall see how he will impregnant the economy.Imu pampamina alaletelela.

    • Very sad indeed. Cry the beloved country has well and truely gone to the dogs! On a good note, although it may sound selfish and inconsiderate for the voiceless poor and oppressed Zambian, we in the diaspora should look forward to buying assets such as land and property from hungry and desperate Zambians when the IMF kicks in and the economy gets bad. I envy how well our Zimbabwean counter-parts in the diaspora are doing well buying property and land in desirable areas of Harare etc now that they can afford it since the economy is in a sorry state. What a golden opportunity for us Zambians in the diaspora! I really can’t wait for Zambia under Lungu to get even more destitute than Zim so that we indulge! After all ifintu ni Lungu, dunana reverse, dochi kubeba, corruption, nepotism,…

  3. Let light shine on their pathway Oh my God. They have reaped where they did not sow; gotten away with what was not theirs. Our democracy never came flying to us on a silver platter. It was 27 years of blood, sweat and tears! Now, it’s gone again; taken away from us, stolen by those who would rather we don’t have it.

    Reward them Oh my God, for their kindness; stealing from us that which we valued the most, that which we would rather have died for!

    We recall the celebration back then! It was 1991. It was what we had affectionately called: “The Hour!” We saw it then, as the end of ESAP. We saw it then, as the dawn of a new day. That day came. But it has eluded us, gone into oblivion.

    Today we are witnessing its twilight. Soon it will be dark again. Soon it will be ESAP, once…

    • Continued:
      Today we are witnessing its twilight. Soon it will be dark again. Soon it will be ESAP, once more! Congratulations Mr. Lungu. Congratulations PF. Indeed congratulations ECZ! Congratulations to you, the three valiant judges at the Constitutional Court. You did it in style. Woe are we; woe our posterity; woe our democracy!!!!

    • @ Tarisai
      I did not realise that Zimbabwe still exists. The last time I head about it they did not even have their own currency. I am sure you meant light years behind. Wonder how or with what the Zimbabwean judges are paid with. Sort out your economy ,then you can talk about Zambia. Shame on you.Long live Zambia.

  4. Finally, we can rest from HH’s boasting and insults while pretending to be an elder in church. Elders in Church are not boastful and do not insult people because of some wealth they come across in life. Help HH mature, UPND members if he ever listen to you. He is not only one who is rich and intelligent in Zambia, certainly not at all. There are many Zambians who are richer and more intelligent than HH, but don’t boast about it and they respect others.

  5. Where does this leave the overzealous Pastor Nevers Mumba? Sooner than late you will see him in church which he has abrogated with shame.
    To the wining team, President ECL and my family PF, it’s time for us all to be very serious in every sphere of Governance. Our President HE Lungu has gone through so much pain, mental anguish, abuse by those who hate him without cause.
    Our people have been on our side and the best repay them is to strengthen our institutions, work like there is no tomorrow, systematically plan, excite and deliver beyond expectations.
    Key Ministries in this journey must be Agriculture, Infrastructure and industrial dev. Local Government, Natural Resources, Energy and Water Management, Natural Resources Management and Conservation and of course Mining and Finance…

  6. The judges were not voting on the subject matter but among themselves whether it was time up for abaluchelo kufuma or is break time. They settled for baluchelo kufuma.



    • The one who laughs last loughs the longest.I feel pit for ECL , soon we shall laugh.Dance to night Guys its your day.We shall also dance soon.

    • you are right if they are so rich why did they want to run this country they can contribute to the development of this country by investing in industries like Dagote and others

  9. I pay tribute to the three astute ConCourt judges for a job well done. You sold your country for a morsel; our beautiful country for a little bit of change in your own pockets. Soon Zambia will be in shreds, not unlike the unnamed country we see south of here! Congratulations.

  10. Celebrating a stolen Victory ! The whites in the US Swore that a Black man will always be a slave . Today Branches of Government institutions propelled by Tribalism Connived to Block one Tonga HH ….. Time will tell .He simply won the Elections .

  11. Zambian economy collapsed in unip government when KK zambinised all mines and industries to become parastatal organisation. So please don’t blame MMD or Pf to be responsible! Go to zeph company to buy copies entitled STATE OF THE NATION volume l, ll, nd lll. Written by KK himself.

  12. Pipo of Zambia, lets put our political diferences together n suport th rule of law without any bias. Article 103 (2) says “the concourt shall hear an election petition relating 2 president-elect within 14 days of th filling of petition n part i (2) of the consti ssys; Evry peson has th right and duty to:a) defend this consti, b) resist or prevent a person frm overthrowin, suspend or illegaly abrogat this constitution. (3) th operation of this const shal nt b affected by an unlawfu act to overflow, suspend or illegaly abrogatin its provision n 1(4) th validity n legality of this const is not subject to chalenge by or b4 a state organ or other forum. OneZ, one nation

  13. Keep cheering dununa dununa when your fridges only have an egg and dried mushrooms to feed your six children! As someone sad mukuchula ba mumbwe! Five years will seem like twenty years! Edgar will send you all to early graves! To finish you off you will buried in mealie meal sucks!

    • In your dreams!!! Continue being a servant in a foreign land. HH will not get you out of misery. Just work hard on your own. You sound very frustrated…shout if you need funds for trip home………

    • Eggs are 2

      Eggs are K20 kwacha a tray. Even those who push wheel barrows can afford. The key is increasing productivity and all commodities will be affordable. You rich f00ls have not even donated a penny of their riches to you are you are still championing their course. ECL for 5 Years come 2021 Dununa again

    • Ba Osbourne… ubupuba tebwakuleta pa nsaka.
      If you are lazy don’t blame the government, HH and GBM don’t even care about the poverty you are talking about. They are interested in enriching themselves even more.

      At the moment, and five more years to come, you will experience the longest 5years of your life together with HH because you are bitter, while a true Zambian will experience the shortest 5years because they are happy.

      Mind you, the PF government is pro poor, this won’t change and don’t expect this government to turn the economy of Zambia around in the blink of an eye, it’s a process and as a country we are on course.

      Your HH has no idea what hit him, he is wealthy, yes, but what has he done with his wealth in his community that can guarantee him a plot one…

  14. 23.1 flag PF MPIKA CADRE

    I m not frustrated and I m not a slave! A slave is yourselve who shouts dununa in Mpika on your empty stomach while I tuck into my smoked salmon and baby potatoes!

    • A street vendor was shouting this afternoon ati nimudununa HH, alachimona alachula sana pantu ifwe na Lungu natuwina….eya eya dununa reverse….HH alafwa nensala…!!!

      When I heard this poor soul, I understood why he voted that way. To punish HH so that he can starve HH.

      If only he knew that this HH is perhaps richer than this vendors families wealth put together and that this HH does not need to work for another coin to stay rich, rich, rich.

    • @Chibok Girls, he may be stinking rich, but he’s still suffering inside. Why do you think he wants to be President so bad that he has thrown away all professionalism?

      He has moneyb it lacks power, & he’ll not rest until he gets it, or at least ensure that those he hates do not get it. Rememberw hat he said in 2011? “I know I can’t win, but I’ll make sure Sata doesn’tw in either”.


  16. Vote HHHHH in 2021. He will try again this time the margin will be better. No manipulations will adversely affect it. Forward Chabe. Already a lot of people are sympathizing with him. It is in his destiny to rule Zambia.

  17. @ Osbourne speak for your self. Ukachula weka. Was hh going to be feeding you and your 15 children? Kubombeshafye mwana. The problem mwakwata is that you don’t want advise. Ifya kwa lesa its not for every one to under stand. Continue mocking you are just mocking your self! Ifwe we are just praising our God because he has fullfilled what he promised us. Let me get back to my celebrations!!!

    • @Mutinta

      Zimbabweans are very hard workers. Why are they being paid in promissory notes instead of real money ifI may ask?

  18. 23.1 flag PF MPIKA CADRE
    God does not condone rigging elections! Even your tubovu knows he lost the elections! ECZ and Supreme Court are on PF payroll! Now what there to celebrate another 5 years of mediocrity and lawlessness from you and your fellow cadres! I m a non partisan person but I believe in true and honest leadership! Continue suffering in you one bed kwa John Lenge!

  19. Its painful as a nation to conclude cases on technicalities of lapse of time although its bitter medicine to sallow. This is a lesson to petitioners & all Zambians to understand that cases which are sensitive to time limitation need serious petitioners with full evidence which speaks for itself (Res ipsa loquitur) cases & goes to the root of the petition at their finger tips to enable someone to even represent himself or herself but not relying on lawyers to fabricate grounds. Its also necessary to amend the Constitution to exclude oral submissions, evidence, etc & admit only written submissions & evidence to save time of the court, respondents, petitioners & most importantly the public. This will eliminate petitioners without evidence to accept the will of people & move on in their lives.

  20. Ba FDD this issue is not about deficiencies in our electoral system at ECZ headquqrters as your call to disband ECZ commission. The behaviourof some people Zambian government institutions such as the Zambia police, local authorities especially in the rural areas. The problem we are seeing did not come from ECZ in Lusaka but at poliing stations. Look at those police officers who posssed with pictures of a presidetial candidate. The misbehaviour of polling staff at polling stations can be condoned by such police officers. And what can Judge Chulu, Priscilla Issac, Chris Akufuna or other ECZ staff can do in Lusaka. Their jobs is to anounce totals from constituencies. What we need is to work methods that can bring free and fair elections from the polling stations not in Lusaka. It is a big…

  21. Continued …..
    It is a big lie to say election can be rigged in Lusaka. If you don’t win at polling station, constituency, district, province and expect to win at ECZ in Lusaka. So political parties, CSOs, Religious organisations, local and international moniters and others let us help ECZ to deal with this problems at polling stations because even if new people come if problem at polling stations are not solved complaints will still exist. For those that are doubting what I have said wait for MPs, Mayors, Counselors petitions see and hear what will come out and you will understand what am saying.

  22. UPND lawyers acted very incompetently in a mob and emotional manner at every point and in every way fighting the Court. They demonstrated the same lack of courtesy and respect they did for ECZ officials during the post voting period. How do you successfully pursue such an important case with the likes of abrasive Martha Mushipe? In fact they should from the start have advised HH that the case had little merit and even if it was fully prosecuted it should not have achieved an annulment of the election. This way they could have minimized HH,s agony and stress of enduring three weeks of a worthless legal battle. But they were all united by their hatred for ECL and love for money. Never look down on anybody with authority to determine your fate. After all it is pomposity and pride that has…

  23. Ba Osbourne, does your HH feed my children? If you eat pies with HH, its good for you. Those insults to the poor makes their hearts annoyed and vote for the wise, better eat vegetables than T-bone with insults. After all HH stole from luanshya miners. If you are a thief and not caught, does not make you an angel, but, still a big thief. Lastly even the rich will die like me.

  24. People please let’s stop this tribal hatred.It’s not worth it.There’s nothing to gain.Can Zambia be divided into two at this point sure??No,no,no this can be avoided

  25. Wasted time!!! LAST CHANCE HH IS 202I.
    If l were him l would campaign starting now has if each day was my last. Mr HH clean your house too many weeds at the moment!!

  26. IMF please go and sort out those people in Zambia they need to be taught how thingsshould be done it will be nice to watch from afaround were there is buy one get one free.

  27. At 43, who wants ‘you buy one and get another for free? Mbisi, Thobwa and Katata nefinkubala that what we want. Why are bothering us? zoom off.

  28. Mwanya ba dununa reverse Mukalya tobomutwe three times a day for the next five years! Si payroll ya wiso Hamaluba!
    Now let me finish of my Salmon and wash it down with some rose’ I know you dununas dont know salmon or rose”

  29. Edgar Lungu is a cursed man and Iam 100% doubtful if he will ever finish this 5 year stolen term. I curse the grave of a woman who gave birth to him. This is my first comment in 20 months and I will never comment again.

    • Unfortunately for you, He’s still eligible to standi n 2021, as this is his first term according to the constitution “counting of presidential terms”.

      Please don’t fall under the same trap of failing to count 14days, read the constitution. Any term less than 3years, does not count as a term for presidential term purposes. So 2015/2016 doesn’t count for Edgar.

  30. President Edgar Lungu is a blessed man. I love this man and I voted for him. Blessed is the womb that carried him. The next five years will be the best for Zambia economically.

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