HIgh Court
HIgh Court

The Lusaka High Court has denied United Party for National Development -UPND President Hakainde Hichilema and Party Vice President Geoffrey Mwamba an Exparte hearing, a hearing where only one side of the dispute is heard, in the matter where they are seeking an order to restrain Chief Justice Irene Mambilima.

The High Court has however ordered for an Inter-parte hearing in the matter, requiring both sides of the dispute to be heard.

The matter is before Lusaka High Court Judge Mwila Chitabo. The Inter-parte hearing has been set for today.

Mr Hichilema and Mr Mwamba have filed a petition in the Lusaka High Court after the dismissal of their 2016 Presidential Election Petition by the Constitutional Court.

They have contended that Justice Mambilima, Deputy Chief Justice Mervin Mwanamwambwa or any other authority must not swear- in President Lungu and Mrs Wina until the determination of the case where they are challenging the decision of the constitutional court.

Mr Hichilema and Mr Mwamba also want the court to stay the decision of the constitutional court which dismissed the presidential petition on Monday for want of prosecution.

They are seeking a Court order that the decision of the constitutional court that the petitioners had until 24:00 hours of last Friday to prosecute their matter is null and void and contravenes Article 28 sub-article nine of the Constitution.

Mr Hichilema and Mr Mwamba are further seeking an order directing the Constitutional Court to hear and determine their petition independently, fairly and within a reasonable time in line with the provisions of Article 18 sub-article nine of the Constitution.

They have cited President Lungu, Mrs Wina, the Electoral Commission of Zambia -ECZ, Attorney General Likando Kalaluka, Justice Mambilima, Justice Mwanamwambwa and the Constitution Court as first, second, third, fourth, fifth, sixth and seventh respondent.

[Read 38 times, 1 reads today]
Loading...

142 COMMENTS

    • Undeniably, indeed democracy and rule of law in Zambia is DEAD.
      Democracy and rule of law evidently been dead, leaves Zambia without any option but rendering it a FAILED State.
      Clearly democracy has no problem, the problem is the corrupt, tribalistic and primitive idiomatic individuals who are very selfish than the word itself.
      No wonder Zambia is a third world country stinking of poverty.

      0

      0
    • Great news.

      HH is still stealing the headlines.
      Publicity campaigning for 2021. Not far you know.

      A confirmation without any shadow of the doubt – he is a political heavyweight whose legacy is sealed.

      He has taken politics to a different spectra.

      He is an unrecognised Zambian president.
      Thanks
      BB2014

      0

      0
    • From the Supreme court, HH has gone to the high court, from there he will go to the local court, netball court, volleyball court, basketball court, tennis court. HH alapwisha ama court.. am even hiding my child’s baby court..kuti aisa ingilamo

      0

      0
    • Next time elect judges so that HH and GBM can refuse the results when their preferred candidates lose again ka?

      0

      0
    • @Saulosi ta umfwa, but I love your rhymes.

      HH and GBM have both suffered sucker punches. By definition a Sucker Punch primarily involves a closed fist contacting the soft underbelly of a person (beneath the rib cage) at a high velocity, causing the ensuing force to press upward on the victim’s diaphram, leading to a sudden expulsion of air from the victim’s mouth and lungs. This opening blow leaves the victim open to various other attacks, often leading to what would be called “.bitch moves” becuase of the defenseless nature of the victim.

      0

      0
    • @Saulosi ta umfwa, but I love your rhymes.
      HH and GBM have both suffered sucker punches. By definition a Sucker Punch primarily involves a closed fist contacting the soft underbelly of a person (beneath the rib cage) at a high velocity, causing the ensuing force to press upward on the victim’s diaphram, leading to a sudden expulsion of air from the victim’s mouth and lungs. This opening blow leaves the victim open to various other attacks, often leading to what would be called “B-I-T-C-H moves” becuase of the defenseless nature of the victim.

      0

      0
    • They should save those legal expenses to contest MP seats where Lazy Lungu’s illegal ministers stood and won…your lawyers are simply using you chaps as a cash cow.

      Wake up!!

      0

      0
    • Before I proceed, I have one preliminary issue: Can a court be sued?

      Now let me proceed;

      Mumba’s letter was misplaced.

      Let me start from here.

      What can the examiner mark if you miss the exam? Nothing.

      This petition lost its allowable time, so it was as good as a student who missed an exam.

      Which constitution provides for handing over power to the speaker following a petition under initial ballot?

      It appears HH is quite a good music composer. He composes a song;

      ” A eeeh, a eeeh;
      handover power, a eeeh!
      A eeeh, a eeeh,
      To the speaker, a eeeh!”

      And amazingly, within 14 days, it is a hit, and everyone of his supporters is singing it?

      Come on, there is no handing over power following a petition under the initial ballot, covered by Articles 101 and 102.

      The…

      0

      0
    • The handing over of power comes following a petition done subsequent to second ballot, or simply put round two (2) of elections, dealt with under Articles 103 and 104.

      Please read the constitution, don’t rely on HH. He read it only in one day, no wonder most of the issues are taken out of context.

      He thinks where the constitution stipulates 14 days, using the bill of rights Article 18(9) you can sit under a mango tree and extend it to 90 days if you feel that that is what is reasonable to you.

      The bill of rights is part of the constitution. It will not break the constitutionally stipulated timeframe in order to give you more “reasonable time”.

      Still regarding the said “reasonable time” legal subjectivity may only arise where no timeframe has been stipulated by the constitution…

      0

      0
    • Still regarding the said “reasonable time” legal subjectivity may only arise where no timeframe has been stipulated by the constitution.

      Otherwise you have to obtain your “reasonable time” within the confines of the constitution. And the best scenario you can get is to reach the maximum stipulated timeframe, as being the most reasonable.

      Baba even in an exam, you can’t say I have a lot bubling in me so give me more time to offload. No, just learn to summarise your knowledge so you can offload it within 3 hours.

      Single-sighted HH keeps saying “reasonable time, reasonable time”.

      He has become very vulnerable at this time and as a result trainee lawyers who are misguiding him.

      Now, where time limit is specified or stipulated in the constitution, the meaning of “reasonable…

      0

      0
    • Now, where time limit is specified or stipulated in the constitution, the meaning of “reasonable time” means allowing up to the maximum allowable time within the confines of the constitution.

      It does not mean reasonable time must imply basing on individual views, feelings, opinion, or perception but what the constitution provides.

      You do not go outside of the constitutionally stipulated timeframe to get a subjective ‘reasonable time”, No!

      And it beats me to hears losers who say in advance that if lose I will not accept. If I win I will accept.

      They lose 47% to 50.35% TTY they refuse to accept. They say the zambians want me this time around.

      They say the election had so many irregularities such as G12 forms .

      But then they ask for a recount, and say that in the same…

      0

      0
    • But then they ask for a recount, and say that in the same election if the recount shows that I won I will accept, despite the said G12 form issues.

      They petition, but waste theirs including the court’s time, celebrating that they have managed to petition; bringing all manner of preliminaries.

      The petition fails through a majority rule by judges, 3-2. He says no I will not accept because 2 judges have supported me, even though 3 mischievous ones have no. Those 2 who have agreed with me are noble. Those who have not gone my way are crooked and mischievous.

      Just how do you handle a person like that?

      To me, either something has terribly gone wrong with him or he is merely a trouble maker.

      Revisiting the fourteen days, I wish to comment on an extra scenario that I heard on radio…

      0

      0
    • Revisiting the fourteen days, I wish to comment on an extra scenario that I heard on radio some people saying the petition sitting excluded the weekends. That there were only 10 days’ sitting instead of 14 days.

      The constitution does not say there shall be 14 days of sitting.
      Look, it is not about the number of sittings; it is about the timeframe allocated. The court can even sit once or twice, etc. but hearing must be done within 14 days.

      Still other people are saying, by hearing within 14 days, the constitution implies starting the hearing within 14 days! Come on, do people think that ‘to hear’ means ‘to commence hearing’?

      What do you understand by the statement:
      “Students must write their exams within 14 days”?

      Does the above sentence imply “students must commence their…

      0

      0
    • Does the above sentence imply “students must commence their exams within 14 days”? or,

      does it mean “students must finish writing their exams before or on the 14th day”?

      You see, independent interpretation of law does not support the idea of taking sides in the matter, but looking at the matter from an objective point of view.

      So don’t try to twist law to support your view. You have no case, you have no case!

      0

      0
    • @Peace for Zambia

      The issue about fundamental human rights transcends whatever motive Team HH might have. This about you and me, all Zambians. The right to be heard. Fairness. Justice.

      I love freedom so much and would want this to be played in all scenarios and at all lengths to know the limit I can go to for my freedoms to be protected. The biggest outcome of this is not ECL or HH but the clarity of jurisprudence on Human Rights.

      0

      0
    • Difikoti and Bikiloni are just mad that the person they keep taunting and degrading has completely ignored their infantile behaviors. They have tried their best to bait the so called “drunkard” into a back and forth even to the extent of asking him to meet them but to no avail!
      The fact that ECL speaks only through his subordinates is what drives these two clowns insane. Small wonder they don’t even know who to sue now!

      0

      0
    • @Sindamisale

      The right of one CANNOT override the right of another (the bill of rights applies to all in equal measure). In the case of HH and GBM (the petitioners), their right was to have the petition heard WITHIN the stipulated 14 days. After the 14 days, the right of defendants (ECL and Wina) NOT to be prosecuted and persecuted kicks in.

      The petitioners choose to squander the precious 14 day petition hearing window by non-critical issues: e.g. the petitioners’ application for the interpretation of 14 days was plain worthless, also, the petitioners’ application on the power handover was plainly not core to the core issue. It is common knowledge that the petitioners literally squandered their time: clearly it was NOT the fault of the ConCourt. Indeed it is shocking that the…

      0

      0
    • Gentlemen please let it go I am starting to believe that you are doing it for yourselves not for mother Zambia,just pay back they people you promised don’t waste our time because of your kongole

      0

      0
    • Id1ots that are ranting here without understanding the repurcations of ignoring an amicable way of disposing crucial judicial matters are naive. They don’t know that the outcome of this case will decide the type of people who come to invest in our country and give credit on ftiendly terms.

      Depending on how this matter is handled we can expect either infestors or investors. The choice is in hands of top PF and Lungu himself.

      Folks the matter at hand is a huge political risk which has the potential to make donors classify Zambia under the same conditions as Zimbabwe.

      Zimbabwe right now can not get loans even expensive ones on account of lack of rule of law and fair justice. Last time the Kariba project wanted cash from Zambia and Zim Zambia had to guarantee Zim ‘ loan from the…

      0

      0
    • Zimbabwe right now can not get loans even expensive ones on account of lack of rule of law and fair justice. Last time the Kariba project wanted cash from Zambia and Zim Zambia had to guarantee Zim ‘ loan from the world bank because Zim has no credibilty to borrow amy more.

      Now if Zambia is thrown in the same predicament as Zimbabwe, who will guarantee Zambia ‘ friendly loans?

      Last time I checked; for Zimbabwe to strike an agreement with US to use US dollar it had to plead with Tsvangarai to form a coalition so that the world powers could soften their stance on Zim. Tsvangarai visited the capitals of the major world powers pleading the Zim case and Zim got some deals and funding at last.

      So all those insulting HH here must know that only him can twist the arms of the funders to…

      0

      0
    • So all those insulting HH here must know that only him can twist the arms of the funders to soften their loan conditions and reduce political risk as he speaks the same language with the international funders.

      If PF throw away this opportunity to show that Zambia is indeed an upholder of rule of law by making sure that justice is seen to be done devoid of these legal acrobatics that characterised the petition ,then it will be hard for Zambia under PF to negotiate with IMF on friendly terms. IMF factors in political risk a lot in their loan confitions .

      Just look at the Greek case . Because true democracy exists there IMF gave them relatively cheap loans compared to what Zambia would get.

      Only f00ls think that IMF via CIA does not know what went on during the election hey!…

      0

      0
    • Only f00ls think that IMF via CIA does not know what went on during the election hey! Remember they control the satelites that most African countries use for communication.

      Please take your time to read and cite the examples I have given for you to fully understand my perspective on the matter.

      VIVA HH and UPND team.

      By Wanzelu

      0

      0
    • @ 1.13 flag Sindamisale,

      Human rights are to be found within the confines of the constitution.

      Where the constitution gives you timeframe, you “reasonable time ” as provided by Article 18(9), is to be found within the stipulated time.

      You can not decide on the ‘reasonable time’ outside the stipulated time.

      You have the judge’s discretion to determine the ‘reasonable time’ based on the case, where no timeframe is constitutionally stipulated. You cannot do that where there is a ceiling.

      So, human rights as provided for by the bill of rights do not stand indeoendent or in conflict of the constitution, they are part and parcel.

      Therefore please say exactly what you are talking about when you ‘human rights’.

      0

      0
    • Electing judges is a stupid idea. These judges were vented by parliament. And firing judges is not gonna happen. Just because you were not happy with the ruling. This is not science.

      0

      0
    • @ Peace for Zambia,…You’re leaving out the full context of the clause “within 14 days”, and that’s why you’re arriving at a wrong conclusion. Here is what the full context of Article 103 section 2 says: (2) The Constitutional Court shall hear an election petition relating to the President-elect within fourteen days of the filing of the petition. (END OF QUOTE)
      Notice that the “within fourteen days” is more like a dependent clause, which is resting on, or tied to the phrase “OF THE FILING OF THE PETITION. What it means is the ConCourt has to hear the petition WITHIN fourteen days from the date the petition was filed. Meaning the ConCourt cannot ignore the case, or take their time and decide to hear the case on say the 15th day or later, from the day the petition was filed…

      0

      0
    • (Continued)… In other words, the “within 14 days” does not mean, the petition hearing should be started and COMPLETED within fourteen days. It doesn’t say anything about how long the petition can last. In fact the whole clause seems to be a guide mainly for the judges, so they don’t ignore the issue, or put it off, or drag their feet and decide to hear it after 14 days have lapsed from the day the petition was filed. It’s a way of FORCING or COMPELLING the judges to hear the case WITHIN 14 days and not to put the hearing off for later. Imagine if Article 103 section 2 said something like this: “The Constitution Court shall set a date to hear an election petition relating to the President- elect.” If the clause was like that, the judges would just decide they’ll hear the…

      0

      0
    • (Continued) …petition in one or two months time from the date it was filed, and they would be legally correct. That’s exactly what that clause wanted to prevent. The way it is in the constitution, it was set as a way of forcing the judges to attend to the case quickly, “within fourteen days.” Let’s say the judges decide to start the hearing on the 13th day from the day the petition was filed, guess what — they would be legally correct, because they’ve started the case inside the “within 14 days” time frame. And, after that, if the hearing goes beyond 14 days, that would still be okay, according to the way the guiding clause in Article 103 appears. At least that’s how I see it, correct me if I’m wrong. I’m not a legal expert.

      0

      0
    • The High court has also joined the game of ‘legal timing’ as pretext to deny UPND a chance to present their evidence by adjourning the case until Wednesday after the president has been sworn in. Then they will dismiss the case on account of having filed the petition late when the president had already been sworn in as President.

      0

      0
    • @COCO and others who are supporting this injustice, please feel free to move on. If I may ask, move on to what? Nothing has been solved. The petition hasnt been heard. Allegations of malpractice, vote stealing, violence, etc have not been addressed. Even in a normal relationship, people talk about what the problem is. Then they need to fix what they can and apologize where necessary and then make future procedures to avoid similar conflicts. You just dont wake up the following day and tell the hurting friend/brother/sister/spouse to move on.

      Be honest, what will be the purpose of future voting or campaigning if the outcome will be per-determined by a few corrupt officials? I say that this petition must be resolved in a correct manner.

      0

      0
    • Mr. Intelligent, which injustice? Am failing to understand people who are thinking like that. Listen, the guys were given enough time to argue their case, but what did we see, nothing to talk about. Yes HH, has the right to be heard, but equally the people he sued have rights. They say where ones rights end, thats where the ones for the other one start. The issue here is that the 14 days had elapsed, therefore the court had no jurisdiction according to the constitution whether with evidence or no evidence.

      0

      0
    • @Taliban, thanks for your input. I think the constitution also has a portion on how to compute that same 14 days. Someone on this blog already highlighted that. Well, I have a copy and I read it carefully again: “Constitution of Zambia (Amendment) [No. 2 of 2016 9” Date of Assent: 5th January, 2016….

      Lets start from Article 269 (a), (b), (c)

      0

      0
    • The issue is the computation of trail days are cleary stipulated in the constitution.The 14 days never included weekends that why the first ruling in the con court pointed to 8th September,2016 as the date close the case.The 3 judges erred in law to close the case . Who today can safely stand with his head high up and Justice was done in this case.If it was what was verdict?Based on the verdict who was declared winner? On what basis will the chief Justice declare Lungu as the president of Zambia?Why did the secretary to cabinet announce the inauguration date when Lungu has not yet been declared president by Chief justice because its only the chief justice who can declare a winner. It is therefore dangerous to cerebrate and illegally inaugurate Lungu as president of Zambia.I hope people in…

      0

      0
    • Who is a Lungu compared to people like Gadafi of Libya.The man had all the riches and power copled with technology.We managed to pluck his eyes break his legs and arms.then we made craw like snail.We allowed him to leave under sever pain until he gave up and died.What can stop to first command Barclays bank to start claiming for the money Zambia owes with tough conditions.What can stop as from commanding IMF to sale ZESCO and ZAMTEL,Freeze employment in the civil service,remove Agric and Fuel subsidies.What can stop as from blacklist Zambia from getting any credit or loans abroad.If that wont be enough we shall handle him like we handled Gadafi.Its 1+1.We shall never allow a mafia group rundown the economy of Zambia.Our interest is put a credible man who has demonstrate his ability as an…

      0

      0
    • Naimwe ba CIA upuba tiyeni uko atase…CIA who cannot spell ”us” and ”coupled” correctly malabishi! You must be a frustrated 4th grader!

      0

      0
  1. I think many Zambian journalists need specialist training in legal reporting. The way this issue has been reported on. So many interpretations. Same applies to financial reporting. Our journalist require specialist training in some of the fields for them to interprete information into news in various fields

    0

    0
    • You are right on the money, Zambia journalists with figures and currencies are a disaster to say the least. Legal issues, don’t even go there. I have seen other outlets reporting that this case has been thrown out and yet it is not the case. It is a shame really. You are an expert in your field and then become a journalist. Seems like it is the other way round in Zambia.

      Of course there is remedy to this type of mediocrity. Consult the experts for advise and proof reading before you go to the media. But again we are in a generation of speedy showmanship and shallow work culture

      0

      0
  2. HH, this is becoming boring now. Lets move on as this is not the end of the world. You ill surely have a go in 2021 and who knows, you may be the winner since ECL’s term of office comes to an end. GBM will still be your running mate. Continue providing CHECKS and BALANCES dor the government at hand.

    0

    0
    • read the new amended constitution on qualification to run for election after one has served a term. The constitution says if a person has served part of a term for a period less than three years from the time he/she took over, this should not be considered as a full term and can recontest in the next election. However, it is only when he/she has served for three years or more that he/she cannot recontest in the subsequent term. In the case of President Lungu, he served for less than three years to finish where Sata left off. He therefore qualifies to recontest in 2021. Please see Article 106 clauses (a) and (b) of the new amended constitution. This is in response to ‘dontcare’.

      0

      0
  3. Upnd is doing more harm to itself than good- they’re distancing the party from the people by concentrating on perpetual losing aspirations! The party needs to come to the fore before hh and gbm further dent it through their desire to protect and champion their egotistic aspirations- time to move on and focus on factors that really pull the party down than to continue towing a losing end!

    0

    0
  4. Wasting time…! Plz dismiss everything today..! We want to move on..! Hh can not hold the whole Zambia at ransom..! Hh and gbm hatred against Lungu is stinking..! Jealous yaminyokola..!

    0

    0
  5. HH’s chief advisor must be Mutembo Nchito. Time wasters! Holding the Zambian people to ransom. You will reap what you sow. Zambians aren’t foolish. They will teach you a lesson again in 2021 if you dare to stand. Time for someone reasonable to lead UPND.

    0

    0
  6. Supreme Court of zambia & Constitutional Court are both courts of appeal & are at the same hierarchy. High Court is lower to these two courts of appeal. How is High Court going to order Constitutional Court to re-open the case? Any where in the world once a case is dismissed on technicality it can not be reheard in any other court or by the court which dismissed it. HH & GBM are just kicking against pricks to inflict injuries on themselves which will never heal. I wish them the best in their quest to persue their perceived fundamental human rights.

    0

    0
  7. Is there a UPND Petetion b4 Concourt? Yes there is. Has it been heard? No. So the rights of Petetioners have been violated? Yes. The solution is to hold a fair hearing within a reasonable time to resolve the Constitutional Crisis. To make sure Lungu doesn’t interfere with the Petetion Hearing he should step down and all Executive Powers must be vested in the Speaker of Parliament as Acting President. Concourt should order ECZ,ZNBC and IBA to give election materials to the Petetioners. We want this matter processed within one week so that we can move on with our lives. The Petetioners must be heard without fail and justice must prevail in our land. Concourt must be a Referee and not a player at the same time. Compromised Concourt judges like Sitali Mwewa and Mulenga Mungeni must recuse…

    0

    0
    • @MwilaHEARING OF THIS PETITION WAS GIVEN A TIME FRAME BY THE CONSTITUTION. IN SHORT YOU MUST PRESENT IT WITHIN THE STIPULATED TIME. REASONABLE TIME IS LIMITED TO A MAXIMUM OF 14 DAYS IN THIS CASE BECAUSE THE CONSTITUTION HAS SET ITS OWN LIMIT IN THIS CASE. WITHIN REASONSBLE TIME OF 14 DAYS, HH FAILED TO PRESENT A TANGIBLE PETITION BUT CONTINUED PRESENTING IRRELEVANT PRELIMINARIES WHICH CAUSED HIM TO RUN OUT OF THE REASONABLE TIME OF 14 DAYS. THUS THE PETITION WAS THROWN OUT.

      0

      0
  8. UPND has sued the entire Judiciary of Zambia (ConCourt, CJ and deputy – in fact part of supreme court, AG) in the High Court……. Next they will sue the high court in the Supreme court if it does not rule in their favour.

    0

    0
  9. It is the last kicks of a dying horse (UPND). Let another party take its position in Zambian politics, it’s leadership has failed us and we are tired of them; their foul language, hatred and petty jealous – they just oppose anything; is this what it means to be in opposition? We need another serious major opposition party to do genuine checks and balances now that PF has a huge number of MPs. God bless Zambia!

    0

    0
  10. The only plausible explanation of insistence by the Supreme Leader HH of the UPND is that perhaps he was told that he would die if he lost the elections and that he was given a last chance or something bad would happen to him if he lost hence all this desperation…

    0

    0
  11. Goes to show you the level of illiteracy in the country. Very sad indeed. History is made by those that fight no matter what they stand to lose as long as justice is not only seen to be done but to prevail.

    0

    0
    • To the contrary Zambians are literate and able to differentiate arrogance and self -centred individuals from those who can fight for their rights regardless of whether they themselves are affected or not…

      0

      0
    • What HH and GBM are doing cannot go down in history! This is just blatant petty jealous and arrogance and fear of reprisals from his ardent sympathisers/cadres/creditors! How do you say ”I will not accept if I lose even before the game starts”? If the outcome was well known why participate in the first place? So @ 16 I think this would be very wrong history which does not deserve any space in the history libraries, period. Salt muli supu!

      0

      0
  12. In a country deemed to be very corrupt and veering heavily on being a dictatorship, all government postings close ranks with the powers that be. In short, they play gwila mulomo! You will recall that the CJ was appointed by ECL for the job well done in the 2015 by’s. It would take a brave person to stand up and change the future of our judiciary for better forever. Is Her Ladyship Justice Mambilima the right person to finally make history? It remains to be seen.

    0

    0
  13. WAS THERE A PETITION – YES
    WAS IT PRESENTED WITHIN THE STIPULATED TIME- NO
    IS IT CONSTITUTIONAL TO HEAR A PETITION AFTER 14 DAYS – NO
    WHO IS TO BLAME FOR DELAYING THE PETITION – UPND
    COULD IT BE THAT THERE WAS ACTUALLY NOTHING TO PETITION ABOUT THATS WHY THE LAWYERS BUNGLED THE CASE.

    0

    0
    • a search in the leaked PF(Lungu) cabinet only shows one Tonga and two lozis. No one from North western apart from evil Jean Kapata. My prediction is that the same tribalism will continue in all Zambian Government departments. We shall not accept the song of one Zambia one nation when he is busy appointing his tribesmen and women. Since knows no Democracy we shall also play his game. Assassins for hire are their world wide. His is to die like a criminal he is.

      0

      0
  14. HH is not a leader period.He thinks it’s time for a Tonga to rule.The man is brainwashing his supporters.The man lost .it’s a clean game.He should know that pipo still love PF and couldn’t let the name of ba Sata to die in vain despite cartel supporting UPND.HH wants power at o cost.HH can be a dictotor in future if given a chance to rule.No one will talk and it will be a time for pipo from southern to enjoy power.Indeed HH is a wrong person to lead Zambia.It’s not about being a tonga but he is a wrong tonga chap to lead us.He can cause havoc n tribe wars in Zambia.God knows why HH keep on losing.The man is busy sowing the seed of hatred in some Tongas who think HH is a gud leader.He tells them Tongas are sidelined but the man HH is lying.He came thru tribalism in politics and Today…

    0

    0
    • Iwe chi Moscow HH did not lose.Fikabwalala Lungu ,Kaizer and chulu stole HH’s victory.

      0

      0
  15. If we allowed the rights of HH & GBM to be violated then tumoro we will be the victims.The Petetioners have a right to be heard and they must be heard without fail. The Petetioners have approached HC a lower court becoz HC administers the Bill of Rights articles 28 and 18 of the Amended Constitution. The fact is the Petetion has not been heard and until this happens ConCourt has no evidence to determine whether Lungu was legally elected and declared the Winner. The Petetion Hearing Process will help Lungu to prove he won the election fairly and legally and there was no vote manipulation. The fact that PF is so desperate to stop the Petetion Hearing would seem to suggest they are hiding something. It this something that we want revealed. If Lungu won cleanly he has no reason to fear…

    0

    0
    • @ Ngulube

      There is a very famous saying that ”Wise men came from the East” But am sorry Mr Ngulube you are not one of them. Actually after they left the East, what remianed were dullards in your likes!

      0

      0
    • As a westerner, my Eastern brother we are the holders together of wisdom. Please stop sipping on that millet brew, and come and have some Opani and Nshima with me. Our constitution has spoken. 14 days elapsed and time to develop Zambia is now.

      0

      0
  16. Lungu won the elections through mwembeshi! His is presidency is null and void! Let this Visionless Chawama drunkard resign!

    0

    0
    • Five years of Lungu will drive some of you to madness! Mark my words, Edgar Chagwa Lungu is president-elect of the republic of Zambia and he will be sworn-in on Tuesday the 13th SEPTEMBER 2016 after waiting for a month from his being declared president.
      Their after we will amend the constitution to avoid this kind of crisis in future.

      0

      0
  17. “We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory will swell when again touched, as surely they will be, by the better angels of our nature.” Abe Lincoln
    ONE ZAMBIA ONE NATION!!!!! THE BITTERNESS OF HH IS FLABBERGASTING?

    0

    0
  18. You have gained the publicity you so very much wanted Mr. HH. Am sure you wanted Mr. President Elect to have you arrested as it is done in other countries ,so as to back up the letters your wrote to the international community on how bad Mr.Edgar Lungu and his government are. Which is why you had to perform all these political stunts .However God has seen your plans before you carried them out. Pslam 139 vs 1-24. And he too complete control .RESULTING IN FAILS AND THE LOSS OF YOUR CREDIBILITY. Mr. Wealthy man sir, please humble your self and seek God.

    Mr. PRESIDENT PLEASE CONSIDER MAKING TUESDAY A PUBLIC HOLIDAY,SO THAT WE THE PEOPLE OF ZAMBIA CAN SHOW OUR SUPPORT AND CEREBRATE IN PEACE.. After this long wait and unwarranted stress that came with it , i believe a public holiday will…

    0

    0
  19. To: HH, GBM, Cassius Banda, & Media Team:- just publish the evidence you have. We do not need the Concourt to judge for us; we can judge for ourselves. If you so wish, make a booklet and sell at say ZMW5.00 per copy. God will finally judge who the actual winner is. If it is PF, God will allow them to deliver on their promises. If PF did not win, God will punish Zambia through PF by scorching our economy. Already ZESCO is being put up for sale. What would happen to manufacturing industries including the mines if privatized ZESCO decides to export all power? Or if there is tariff dispute and power is suspended? & for the jobless youths and & adults, how would they pay for ZESCO units at market rate? Bwafwa mukwaye!!!

    0

    0
  20. It is a political LIE by the UPND that they were accorded CHANCE to be heard.

    The UPND was given maximum chance to be heard, but they denied themselves that chance by their Tom & Jerry preliminaries.

    Note: the preliminaries were not made by respondents but the petitions themselves, to the extent that some of the prelinaries were even being objected by the respondents stating that time was running out.

    But UPND kept pushing for preliminaries and amendments even on the last day.

    Imagine you go for interviews and when given the floor, each time they want to ask you you keep introducing yourself until you allocated time is over, knowing well that there is a ceiling on time.

    When you are told your time is up, should you ask the panelist to extend the time to accord you a chance…

    0

    0
    • I meant to say,

      “It is a political LIE by the UPND that they were NOT accorded CHANCE to be heard.”

      0

      0
  21. HH WILL BE EXPOSED EMBARASSINGLY BY GOD.HE WILL END UP COMMITTING SUICIDE IN DUNDUMWEZI. AND DUNDUMWEZI WILL BE CALLED AKELDAMA.

    0

    0
  22. “Elections belong to the people. It’s their decision. If they decide to turn their back on the fire and burn their behinds, then they will just have to sit on their blisters.” Abe Lincoln.
    THE PEOPLE OF ZAMBIA HAVE DECIDED THEY WANT LUNGU. THE BEST HH AND GBM CAN DO IS GO BACK TO THE DRAWING BOARD, SEEK THE FACE OF GOD PRAY AND TRY NEXT TIME. MAYBE SOMEDAY THEY MIGHT RULE THIS COUNTRY. IF THE PEOPLE HAVE MADE A WRONG DECISION THEY SURELY WILL SIT ON THEIR BLISTERS.
    TIME HEALS EVERYTHING, AND GOD’S TIME IS THE BEST. PLEASE LISTEN TO THE VOICE OF REASON.

    0

    0
  23. It is clear that H.H and G.B.M have now lost direction, they do not know what they want.
    They are rejecting everything that is decided against them, I have a feeling that something was promised somewhere that if he loses this time, he will more than the elections, or the two had put in too much money with hopes of making profits once in government, pantu takwaba umupapamina wa musango uyu.

    If not careful, H.H and G.B.M will reject themselves. My appeal to the two Opposition party leaders is to please Concede and allow the elected government to continue were they left off.

    Your time will come never give up, you are getting there, 5 years is soon, just help us embrace our motto:

    ONE ZAMBIA, ONE NATION.

    0

    0
    • Kekekekekee pwaaaaaaaaaaaaaaaaaaaa…ati pa last they will reject themselves…yaba you have made my day!!!!!! Am off to my watering hole now! Ba forged G12 GBV has even learnt how to spell the words ”COURT” and ”PETITION”now!Pwaaaaaaaaaaaaaaaa kekekekekekeeeeeeeeeeeee

      0

      0
  24. This is a circus. Other people are saying that Hechi Hechi is more excited with the freedom he is enjoying now than before. It is just like you have been living in a ramshackle and all of a sudden, you are given a mansion. It is at this moment that you feel great and wanting to sleep in each and every bedroom. Therefore, we can not blame Hechi Hechi except that the general citizenry may loose focus and start doubting his ‘caliber’ as a leader. Let him continue and see whether he is adding votes or subtracting for 2021 elections. He should even reach the Local Court so that he is satisfied and apportion blame fairy.

    0

    0
  25. @ peace for Zambia and @the right of one cannot override the right of another
    I like the way you have broken it down. Simple and straight forward. If any one can not get it, it might be that their understanding of the the English language is upside down.

    0

    0
    • Yes, indeed.

      I totally agree with you valued addition.

      The reason why the constitution puts boundaries on certain rights is that any rights outside of the constitutionally stipulated boundaries would infringe on someone else’s rights.

      0

      0
  26. ELECTION PETITION
    ARTICLE 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.

    Chizungu mabwana tizicibelenga bwino!! When it says “Within” it means it is within the seven days consecutive days. It changes the meaning if it says, “Within seven working days – monday to friday and excluding holidays”. The same must be applied to this thing…

    0

    0
    • Have computed the 14 days according to the constitution provisions.Dull Bembas.The 14th Days was 8th Septmber,2016.ask all judges why they did not sit on week ends it was not by design but law.

      0

      0
  27. (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.

    In this case none of points (a) and (b) was attended to because the mandate of the court expired as the hearing or trial was supposed to be “””WITHIN FOURTEEN DAYS””” and not “””OUTSIDE THE CONSTITUTIONALLY ALLOWED FOURTEEN DAYS””””.

    0

    0
    • @Chanda HOW CAN I COMMIT SUICIDE WHEN I HAVE EVERY REASON TO LIVE. FOR EXAMPLE I AM PREPARING FOR THE INAUGURATION OF ECL ON 13/09/2016. ECL WILL HAND OVER POWER TO HIMSELF. THERE IS ONLY ONE MAN WHO HAS DISPLAYED SUICIDAL IDEATION IN THE LAST FEW DAYS. THIS MAY BE A TIMELY WARNING. WE DONT WANT TO HAVE A FUNERAL DURING THE INAUGURATION.

      0

      0
  28. The High Court has ordered for an Inter Party Hearing between HH and GBM as the Plaintiffs and Seven Defendants namely the President Elect Edgar C Lungu, Vice President Elect Inonge Wina, ECZ, the Arttorney General, The Chief Justice, the Deputy Chief Justice, and the Con Court Judges. What kind of order is this which is coming from Judge Mwila Chitabo. Is Mwila Chitabo ordering the Chief Justice, the Deputy Chief Justice, and the Concourt Judges to attend his Court at the Lusaka High Court? What Nonsense is this? Who is going to serve this nonsensical Order on the Chief Justice? Martha Mushipe? At the rate we are going i wont be surprised to see a Local Court Magistrate disputing a Supreme Court Judgement and parading the Supreme court Judges in Local Court Chambers. Is this what…

    0

    0
  29. *Who is going to serve this nonsensical Order on the Chief Justice? Martha Mushipe? At the rate we are going i wont be surprised to see a Local Court Magistrate disputing a Supreme Court Judgement and parading the Supreme court Judges in Local Court Chambers. Is this what Mmembe and his cartel have done to the Judiciary? Madame Chief Justice, Clean up the Judiciary. It is rotten.

    0

    0
  30. Has HH managed to serve the summons to all the defendants in the inter parte hearing today? Judging from the petition, this guy seems to be very disorganised, disoriented and also does not know anything about time. In his companies when they say lunch break is 1hour starting at 13.00hrs, maybe you can report back at 18:00hrs because they didn’t say when you are supposed to report back. In normal companies teporting time would be undeerstood to mean 24:00hrs, but not in HH Group of Companies Llimited.

    0

    0
    • He wont manage to serve the summons to all the defendants. He will today start making amendments and asking the high court judge to issue a new order. Then he will start raising preliminary issues and more preliminary issues. After next Tuesday he will cry that he has not been given chance to be heard. That is Hakainde Hichilema for you. Mr Fix It. The Alpha and Omega of Knowledge. The Economics Guru. The God of Dudumenzi and the surrounding lands….He is nothing but Just some incompetent character with a puffed up ego . A thief who stole the Privatisation Loot and thinks he is something.

      0

      0
  31. The judges are useless cadres of PF. There is no democracy in Zambia. Watch lungu become a tyrant like his master Mugabe. Zambians got what they deserve

    0

    0
  32. Ba PF cadres, I am reading all your negative comments on HH & GBM. I bet though that within the next 6 months, most of you will be regretting as your Zambia will be like Zimbabwe. Your lips will be dry and white from morning to sunset. Wait and see. Time will teach you a bitter lesson.

    0

    0
  33. MR SEXY ME PF SO U TELLING US THINGS WOULD HAVE BEEN BETTER UNDER HH?U JUST AN EMPTY BITTER MAN BLAMING LUNGU FOR YO FAILURES.THE HH HU DELAYS TO PAY HIS RELATIVES AT HIS FARM.WAT WILL HE SOLVE FOR OUR NATION?THE HH WHO HAS ABANDONED MOST OF HIS RELATIVES YET CLAIMS TO BE RICH?THE TRUTH OF THE MATTER Z DONT BLAME ZAMBIANS FOR NOT TRUSTING HH WITH THE PRESIDENCY.THEY SPOKE SO JUST KEEP YO OPINIONJ TO YOSELF.

    0

    0
  34. Opposition leaders in this country are myopic. They campaigned against the referendum which would have guaranteed Bill of Rights. Now HH & GBM think they have more rights that the other 15 million Zambians nutt as haters.

    0

    0
  35. Comment:I feel 4 de man he’s stil in a trance nd doesn’t wnt 2 cum 2 reallity tht he lost de elections,he doesn’t wnt 2 wake up frm slumber.Its not easy guys 2 lose 5 times de man may start losin his minds lets encourage him nd tht he’s stil young nd energetic deres alwez de nxt tym if so God allows.

    0

    0
  36. If the Court feels that according to the law they are not supposed to hear the case or do anything after 14 days have elapsed, then it means that the judgement to throw the case was made on the 17th day, which is 3 days after the 14 days stipulated by the court. This also means that any judgement or anything done after 14 days is unconstitutional. therefore the decision to throw the case was also unconstitutional and illegal because it was done way after the stipulated 14 day. That is my humble and simple analysis of the matter. Correct me if I am wrong….I am not a lawyer. In any case now we know that lawyers and judges in Zambia are not really as smart as we thought looking by the confusion we are seeing

    0

    0
  37. This hearing can only gave one outcome, reject the application to prevent inauguration because the other case could not be heard out of time and that case was to determine if there was enough evidence to reject the presidential election results. On what grounds can this hearing then reject the inauguration? The right to be heard was granted HH&Co. BUT one spent the entire time making additional application after application UNTIL ONE RAN OUT OF TIME. THERE WAS EVEN A BELATED APPLICATION TO CHANGE THE SKELETON ARGUMENT, this is after phishing for evidence from other sources AFTER the case was to begin. This is now a full mockery and mess of the Zambian Judiciary. How indecisive they have been! And lacking in firmness to control vexatious litigants.

    0

    0
  38. IF YOU WANT TO BE HEARD THEN YOU HAVE TO BE SERIOUS
    BECOZ PETITION OF A PRESIDENTIAL ELECTION IS EXTREMELY SERIOUS HENCE THAT TIME LIMIT.
    @ 14 DAYS
    I HAVE A FEELING THAT HH LIKES THE LIMELIGHT SO MUCH THAT HE FORGOT HOW SERIOUS THIS IS.

    DRY RUN TO HELP HH: PLEASE POST THE EVIDENCE ON THE DOG OR LT WITHIN 14 DAYS TO TEST YOUR SERIOUSNESS

    0

    0
  39. Let HH take a bit of political recess. It won’t hurt him. He needs to look back and reflect. Too much water has already flown through this bridge.

    0

    0
  40. If the referendum had gone through HH would have had more rights to prolong this case because the expanded bill of rights has more rights which would have favoured what HH is doing but he fought the document which was for his good.

    0

    0
  41. Justice in Zambia is only for mighty and powerful. More loadshedging now and more misery for the suffering majority. One wonders why PF cadres are happy with so many Zambians out of employment. Brace for hard times for next five years.

    0

    0
  42. very interesting sentiments and opinions from people who don’t have any effect on the proceedings of the nation/courts.Sata beat RB clean,Chiluba beat KK clean,meanwhile HH wants to beat ECL in court….hehehehe,ati justice,when people want you,even rigging wont deter you.So continue going to the courts as we await the inauguration for ECL. Wether you like it or not,the inauguration will go ahead as planned.Continue arguing over what 14 days means in the interim……may you also let us know how many exactly are 14 guavas?

    0

    0
  43. Too much time spent doing fore play , you can ejaculate in your pants and lose an erection. Thats what has happened to Mr HH and his friend GBM.

    0

    0
  44. Cia please remember that ECL has to pick ministers from the MPs in parliament according to the new constitution and did he get MPs in Tongaland to choose from? In NorthWestern? In Western? Do you want him to perhaps pick from the UPND and weaken the opposition? He did the best he could with what you gave him. By the way you don’t say there is no one from NWestern and then mention one.This is why cases fail in court. Try telling the court that you did not rig any election in southern province except in Dundumwezi, to prove that you won fairly, and see what happens.

    0

    0
  45. Am not a lawyer but shouldn’t we read the meaning of the 14 days provision in the context that it means an incoming president will not be inaugurated until the case is disposed off. What if, as some of are suggesting, the petitioners continue to bring minor issue as these ones did and the case continues on and on without even touching the main petitioners just to frustrate the opponent’s, where do we draw the line so that the country can have a new president? Can a country be on auto pilot for say 8 months? Just the two weeks has got people fed up! What more months? And it can drag on mind you because there are witnesses to hear and crossexamine and evidence to be presented and to be argued over. This is why a time limit makes sense. But I still don’t know why we should have a problem…

    0

    0
  46. Have a problem interpreting what we wrote ourselves. We should have notes on what evil we were trying to fight by each of these clauses.

    0

    0
  47. HH and Fat bobo are actors and it looks like they are enjoying it. This is the longest boring movie I’ve ever watched. Can the courts tell these boring actors to go hell and please tell them to sue the devil.

    0

    0
  48. our servants are fighting each other. zambians are good masters. am told leaders are supposed to be servants of the people. these servants have taken each other to court. am now doubting my servants. they may be after my oranges. how do you appear so miserable just because you want to work for me for free?

    0

    0
  49. HH HAS BEEN GIVEN A TECHNICAL KNOCKOUT. HE RAN TO THE HIGH COURT WITH A REQUEST FOR AN EXPARTE-HEARING TO BLOCK THE INAUGURATION. THIS WAS THROWN OUT BUT INSTEAD HE WAS TOLD THAT AN INTER-PARTE-HEARING IS APPROPRIATE. HE THEN LEARNT THAT IT IS ONLY THE CC THAT CAN DECIDE WHETHER ECL SHOULD BE INAUGURATED. SO HE WAS FORCED TO GO BACK TO THE CC. THE SAME CC HAS ALREADY RULED THAT THERE IS NO VALID PETITION BEFORE THEM. NOW HERE IS THE TECHNICAL KNOCK OUT: THEY HAVE SET THE DAY FOR HEARING ON 21/09/2016 AFTER THE INAUGURATION. AND IN ANY CASE THE CC WILL DEFEND THEIR EARLIER DISMISSAL OF HIS CASE. ONLY A FOOL WILL ENGAGE THEMSELVES IN SUCH FRUITLESS LITIGATIONS. NO WONDER THEY ARE NOW VEXATIOUS, FRIVOROUS AND IRRITATING. WITH A MISGUIDED LIE THAT HE IS FIGHTING FOR ZAMBIANS.

    0

    0
  50. zambians are funny. ” i will not get ma salary, am already rich and am here to serve the nation” servant isn’t it. 23.59 hrs in court with highly expensive lawyers to defend you. personally i did not vote for him and so am even wondering whose vote was stolen. if there is anything annoying, its someone going to court to accuse another that our votes were stolen when it was a secret ballot. the best judges are zambians. the best way to vote in zambia is by show of hands because thats the only way these guys would believe we did not vote for them.

    0

    0
  51. It is time this Tonga Party learned that there is one winner and one loser in any contest. And the loser again is the tribal party of Hazalusa Hagain! What a bunch of Under 5s. Please grow up and congratulate the winner! With this kind of behavior you will never win an election in Zambia because we all know you are tribal and obstructionists.

    0

    0
  52. HH needs his head properly checked
    ================
    HH needs some psychosocial counselling. What’s bad is the duo GBV-M/HH both seem to be moving from court to court like headless chicken in most untutored fashion. These two seem to be in some weird fix. One wonders what they advise each other. They are suffering from post election trauma. Somebody call 991.

    0

    0
  53. It appears to be a leader in zambia you have to be a thug, corrupt and crooked. It is even pointless to vote because the winner is pre determined by a click of MAFIAS routed in the system. Zambia is definitely going the autocratic way. There is no justice anymore. We are in a failed state. If PF supporters think they can down play this matter the way arguments are being put forth here they are in for a rude shock. People are hurting because of the way matters regarding this election have been handled . Whee there is no justice there can never be peace. This country is divided.

    0

    0
  54. James you are an *****. Why are you calling UPND a Tonga party. Tongas have a right to lead political parties just like Bembas, Nsenga, Ngoni etc. you are very tribalistic you are the chaps that are bringing chaos in this country. You think some tribes are more superior than others. Do not provoke people like that you fool.

    0

    0

Comments are closed.