Green party President Peter Sinkamba has lodged a written complaint with the Judicial Complaints Commission for the removal of the Constitutional Court Judges on grounds of incompetence and gross misconduct pursuant to Articles 143 and 144 of the Constitution.
In his letter dated 6th September,2016 addressed to the Secretary of the Judicial Complaints Commission, Mr Sinkamba says the behavior of the entire bench of the court in the manner in which they handled the petition from start to finish brought the Constitutional Court into disrepute, ridicule or contempt contrary to Article 143(a) of the Constitution.
He adds that the behaviour of the judges was prejudicial or inimical to the economy of the country, and threatened the security of the State contrary to Article 143(b) of the Constitution.
Mr Sinkamba says the contradictory rulings the court made which bordered on breaching Rules of the Constitutional Court and the Constitution of Zambia are clear manifestation of incompetence.
He adds for the first time in the history of Zambia, lawyers for the petitioners and the respondents walked out and boycott the proceedings, a sign that the manner in which the bench was conducting the matter before it was fundamentally wrong.
Mr Sinkamba states that there is no doubt in his mind that the behaviour of the bench brought the Constitutional Court into disrepute, ridicule or contempt.
He says that while he applauds the fact that the bench vacated its illegal position to hear the petition outside the stipulated 14 days, on 5th September, the integrity and credibility of the Court was already brought in question.
And the Felix Mutati led MMD faction has backed calls for Constitutional Court judges to step down on moral ground.
Faction National Secretary Raphael Nakachinda says the Judges raped the supreme law of the land which they swore to protect and defend.
He says Judges failed to defend their own ruling on the interpretation of the 14 days stipulated in the constitution for hearing a presidential election petition.
Mr. Nakachinda says many people in the country have been left questioning the integrity of the judges, hence the need for them to step down.
Meanwhile, People’s party President Mike Mulongoti has backed the decision by the United Party for National Development (UPND) to seek the High Court’s determination whether the Constitutional Court did violate their right to have a fair hearing within a reasonable time when it dismissed the presidential election petition.
Mr. Mulongoti who is also a constitutional lawyer notes that a lot of time was spent on technicalities without the court explaining to the petitioners the implications of spending too much time on preliminary issues.
He says the whole essence of the petition is looking at the evidence, but that the petition process did not reach that stage before it was dismissed thereby defeating the whole purpose of the petition.
Mr. Mulongoti says by going to the High Court, the UPND is merely trying to ask the court to determine whether their rights were infringed upon and for those rights to be enforced.
He adds that the High Court will also determine whether the Constitutional Court performed its function in dispensing justice.
Mr. Mulongoti explains that the High Court has got unlimited jurisdiction over civil and criminal matters
He states that people should therefore allow the UPND to exercise their rights by seeking redress following the ruling of the Constitutional court.
And
Mulongoti a constitution lawyer minus ZIALE…..Ohhh gosh i want some sausage and popcorns please.
I now understand why Sata brought in Judge Chikopa or whatever he calls himself from Malawi to chair the tribunal despite having our won judges……. These judges are trade their competency and integrity with money. I believe there was money exchange involved
For the matter before the JCC I cannot comment much.
What I can say however, is that while there was undisputable inconsistency in the rulings if the ConCourt judges, the final decision was consistent with the demands of the constitution.
For the UPND’s application before the court, it is misplaced and a waste of the court’s time.
The, delays were not caused by the court but by the petitioners themselves.
Question: Were they heard?
Answer: No.
Question: Why were they not heard?
Answer: they themselves chose not to be heard.
As to why they decided to beat about the bush until till over, one can only speculate that may be they did not have any case or evidence.
They were still trying to see if they could find some supportive evidence but it was not forthcoming.
Its really disappointing and it will set a bad precedence if citizens start going after Judges based on their handling of Cases. Matters in court are not always handled to the satisfaction of all… if these people Mutati and Co. were sensible they should start questioning the manner in which Judges are selected, scrutinized and appointed in the country…leaving the appointing process to one person the president should now Teach us all a lesson that its actually flawed as these People were not fully qualified in the first place but the President saw it fit to appoint them. We need to look at issues with posterity in mind not with myopic Motives. Courts no matter how wrong should not be treated in this manner By any measure or else you will be flirting with lawlessness at a large scale…
Mulongoti does not just have a masters in constitutional law to be referred to as a constitutional lawyer.
‘Mr. Mulongoti who is also a constitutional lawyer!’
LT, please do your research. When did Mike Mulongoti become a Constitution lawyer? Even if he is studying for a Masters he is not a Constitutional lawyer. I often hear people say that John Sangwa is a Constitutional Lawyer. He has a Masters in Law, but that does not make him a Constitutional Law expert. Mwebantu, listen to the real Constitutional Law experts, like Prof Patrick Mvunga. Even Muna Ndulo is alien to this.
Kanshi ka Mr Mulongoti nika lawyer? Its news to me.
in other news: after baby court dismised upnd’s petition, HH is now looking for half pit-court so am urgin all ladies to hide them as soon as possible
One becomes a lawyer by studying law and not by going to ZIALE. ZIALE is actually an option and only for those who want to practice law. This means that after one has completed law studies from university they can chose to go to ZIALE or not but it doesnt mean that because they didnt go there then they aint lawyers NO. Remember all Judgers are lawyers but not all lawyers are Judges. Mr Mulongoti is a lawyer thats the fact we have to live with
So if the CC judges ordered a recount or rerun all these mosquitoes would have been satisfied? Just go and put your broken houses in order and prepare for 2021.
@Zambia1,
Its sad, you are forgetting that you are actually the biggest mosquito, your brain is in shambles, please get it to work properly before writing rubbish here.
Normal people here are talking about democratic rights and Rule of Law that has been compromised, but you are reducing the whole issue into few simple sentence just to make a contribution on LT.
The people you are calling mosquitoes are in fact doing you and your children a favor so you will be able to vote freely come 2021, otherwise, you could end up in one party state – a the true dununa reverse situation, but it appears you don`t understand the underlying. Sorry.
General Kanene, we voted freely and elected Lungu. Only in southern province people did not vote freely, imagine a voter turnout of 91% and 90% voted for HH. You people are very clever, you are tirelessly looking for spec in Lungu’s eye forgetting you have a log in HH’s eye.
@Bang bang,
Congratulation ECL for winning the election.
Are you satisfied now? Is that what you are looking for?
But that is not my point. If you you don`t get it, sorry.
JCC judges have no jurisdiction over the case, they can only look into the conduct of the judges.
Regarding the ruling of the ConCourt what I will say here is that while there was undisputable inconsistency in the rulings if the ConCourt judges, the final decision of the court was consistent with the demands of the constitution.
For the UPND’s application before the High Court, I must say it is misplaced and a waste of the court’s time.
The petitioners were given maximum (14 days as per constitution) chance to be heard
Question: Were the petitioners heard?
Answer: No.
Question: Why were they not heard?
Answer: They themselves chose not to be heard.
As to why they decided to beat about the bush until time was over, one can only speculate that may be they did not have…
As to why they decided to beat about the bush until time was over, one can only speculate that may be they did not have any case or evidence.
The delays were caused by the petitioners themselves, to the extent that in the end the respondents even began to stop them from continuing with the gymnastic preliminaries – reminding them that time was running out for the main case.
But the UPND’s were adamant in there actions, continuing to raise the Tom & Jerry games as preliminaries and amendments.
One would not be wrong to say maybe they were still trying to see if they could find some supportive evidence but it was not forthcoming.
@General Kanene, it surprises more than me, that you General consider yourself normal even when such abnormal maneuvers by your lovers HH and GBM spell abnormalities. Allow free speech General, only then will you tame your temper, how does that sound?
We are now bored with these noisy but empty politicians. Let ECL be sworn in and we move on. The country has serious issues to attend to rather than this useless bikering
@Lasonio or whatever you call yourself!!
Just go and wash your Ar.se if it is itching you before it gets sore! Minions and mother fuc.kers like you are the only reason why Zambia is reversing in development! ID.IOT!
Wow, Chilyata you’ve got some very colourful language there. I am sure the insults you’ve showered me with have made you a very happy man this afternoon and will install your HH as president. Congratulations!
Chilyata shame on your language,extremly primitive.
@ Chilyata@ The fact that some one does not agree with your opinion does not mean they are what you have called them. No one has the monopoly of knowledge except Jesus Christ. What authority do you have to think that your thinking is gospel truth and not other opinions?
People who insult others on account of divergent views shows that their thinking capacity has reached a dead end so they resort to rantings.
If you want people with different views to be on your side, convince them, dont insult them or is it because the one you are supporting calls who ever does not agree with him as morons?
@ Chilyata.
You are the most pathetic blogger to have dirted this site! Please grow up for once, no one will play drums for you to signify maturity. Just why? Are your loins on fire becasue of HH? You must have pubic hair by now, I believe or if you don’t have please stick to cartons on Cartoon Network! This site should be for adults!
Jah who leaves in the third heavens created man with a conscience and I am sure Lungu knows he stole the votes. HH deep down his heart know he won with more than 1.7m votes while Edgar got only 1.3mat least me I know I was part of the EU observers let the truth be told in Zambian courts. We shall wait for outcome.
You are a big fool how do say HH won when he only manged to win in 3 provinces think straight Zambia i not made up of those 3 provinces.am sure you from the way you are reasoning you skipped Geography ……
I don’t get it. Aren’t judges supposed to run the court timetable so that they can reach a judgement in a given time? All these PF numbskulls assume that the judge is supposed to sit at the bench and petitioners can waste time in front of him or her as they please until it is time up. A more plausible explanation is that Anne Mwewa connived with PF lawyers to allow tenuous discussions of preliminary issues until time ran out, a sure sign of incompetence and bad faith. I am glad it is the PF cadres who are proving that Chakolwa is incompetent as a President to select and appoint judges. We have already seen his lack of judgement in the appointment of his Political Advisor, Kaffir Zulu.
@ Buck Teeth whatever
”A more plausible explanation is that Anne Mwewa connived with PF lawyers to allow tenuous discussions of preliminary issues until time ran out, a sure sign of incompetence and bad faith.”
Was is it not the incompetent Lawyers your semi god of a dung beetle hired who wasted time waffling without concrete evidence? Well atleast for once you acknowledge that time ran out, which is the stipulated 14 days as Peter Sinkamba and Mike 1 correctly observe. Please spare us your agony we have a Celebration to attend!
@ Terrible had this to say ”It is not the duty of the Concourt to explain to petitioners the implications of raising petty issues on the time bound petition.”
Here we go again, did Chagwa dribble us again or what? The MMD are visionless thats why they followed a visionless leader. Those judges should be arrested! Let the tell us how much the were paid.
Good move Mutati…..where there is absolutely moral status in question, no one can respect you thereafter …….concourt is a circus right now
Exactly my sentiments.
However, what now?
Which Court can we trust if the Constitutional Court has lost its credibility?
Supreme Court Headed by Chief Justice? The very same person who has indirectly created fiasco by introducing ludicrous CC Regulations?
Its the system that is flawed and ingrained with nepotism…remove the Judges today they will be replaced by equally incompetent Lungu Puppets.
Agreed.
President does not hand pick judges. He proposes the names to parley who ratifies them or not. Concourt judges who are all chuundu where unanimously approved by Upnd mps because of tribe. Now they want them out because they didn’t perform tribalism.
Fellow bloggers prove me wrong if these same people demanding for the removal of judges won’t come and condemn Pf for removing them. Remember they are the ones who called for the removal of nchito and tax evasion by Mmembe. Today they are questioning Ecl for the removal of nchito and making Fred pay tax payers money.
I for one am not in support of the removal of judges for the reasons they have advanced. If they won the case they would’ve been praising the judges today.
@ 1mbecile above
Can you mention ONE instance where ECL has acted in conformity with the Laws? His incompetence and childish meddling has destroyed trust in the Judiciary. What next? Abolish Judiciary and let the band of thieving criminals rule by decree? Instead of blindly licking bottom of ECL, ask yourself whom in a to day Judiciary you can trust.
Serves them right. It is not the duty of the Concourt to explain to petitioners the implications of raising petty issues on the time bound petition. The petitioners had very qualified lawyers (except Mushipe), they knew but they had no evidence so HH’s objective was simply to delay indefinitely the inauguration of ECL. I am glad that Mr Mulongoti tacitly agrees with the 14 day interpretation given by the Concourt, can he please advise HH that we have better things to do as a nation. Citizens needs beter services such as clean water, sanitation, schools, health centres and of more roads. Clearly HH dies not fare about the prople he wants to rule.
Man, that is perfectly put.
I love absolutely the way you have put it.
It is not the duty of the court to plan the case on behalf of the petitioner, of course neither for the respondent.
Just like in the exam, it is not the duty of the invigilator to plan how to approach the exam and tell the candidate how many minutes to spend on question 1,2,3,4,or 5.
The role if the invigilator with regard to time is to simply say you have 3 hours to do the exam.
For the court, however, even the announcing is not required because the lawyers are expected to have read the constitution.
You cannot blame the invigilator to say my child failed because he was not told which questions needed more time than others.
A judge is not like an invigilator. An invigilator does not need to come up with a conclusion whether the exam can be passed or not. A judge is not a spectator or time keeper in a court case. The judge can shut down vexatious litigants and can forewarn all concerned that time is of the essence. Moreover, when the judge knows that there’s a time constraint, she should sit during weekends and evenings to make sure that the court delivers on its mandate to determine the case. The court is not only supposed to hear but also determine the case. The KanCourt failed to determine the case within its own allocated time. This is sheet incompetence and a breach of responsibility and /or the Constitution.
@Terrible, I agree with you, hh himself knows that he has no case, he is here to waste time and find people to blame. he lost the elections, period. his dribbles can not work, he is a pure example of an opportunist, just check his background.
Mulongoti is the immoral/amoral representative of what is happening to the social fabric of Zambia. He knows he is wrong in interpreting what transpired in the case. He then goes on to add his own logic in the intepretation of what happened procedurally, and blames Judges for the time HH&Co spent missing the court about with multiple new applications thus missing their chance to present their evidence! He does it all with no conscience. The judges cannot be blamed for the miss use of time by HH&Co. If you file a case, it is your duty to prepare it and present it, timely. The only problem here is with the interpretation of the constitution in relation to time.
American constitution is plain and clear in its chapters 1-11,and in amendment one to fourtenth.but zed constitution is flawed to lawyers and judges.thats y we the pipo wanted it to go the referedum route.its a shame that we are still showing proof that we are not visioned and serous as zedians.
First we need ECZ officials to be removed. Lungu should also be removed for disregarding the constitution
HH was given adequate time to bring the evidence to court which he failed to do.Any right thing person will know that HH LOSE THIS ELECTION as people rejected him.Rights shouldn’t be brought in at this stage because even the High Court will still stipulate the 14 days which is in the constitution.
UPND and its sympathizers are the only ones who seem to have information that HH won, contrary to established facts. The rest of us are fully aware that in fact it was UPND members who repeatedly criminally interfered with the electoral process through illegal schemes such as interceptions of ECZ trucks and robbery of electoral materials after the votes were cast. I have no doubt in my mind that if there’s any party that must be cited for electoral fraud here is UPND. Just wondering it must be them running from one court to another even in total disregard of jurisdiction!
THE CHIEF JUSTICE,WHEN SWEARING-IN THE ‘WINNING’ CANDIDATE MUST BE ABSOLUTELY SURE THAT HE WAS CLEARED OF ALL ELECTORAL MALPRACTICES IN VIEW OF THE PETITION LODGED IN GOOD TIME.BUT HAS EDGAR BEEN CLEARED OF ELECTORAL MALPRACTICES?THE ANSWER IS NO.WHY?BECAUSE THE PETITION WAS NEVER ALLOWED TO REACH ITS LOGICAL CONCLUSION.IT NEVER EVEN STARTED.THE PRESIDENT,AS THE CUSTODIAN OF THE CONSTITUTION WHICH HE SWORE TO UPHOLD MUST BE SEEN TO BE ‘WALKING THE TALK’ GOING BY HIS SLOGAN.
The petition was malicious. Period!
For sure as Jay Jay points it out.. it ‘s the system….can we say we live in a failed state? we have impostors in the system they come to and chant one Zambia one Nation but whats happening behind the scene is totally nepotism ..just note the way Zambia has been ruled so far it’s either a person coming from Luapula,North or Eastern province inexception of LPM from Lamba/Lenje can you say the other tribes dont have the wisdom to rule?
Hold your patience, Zambia is still a country, its dying tomorrow, so you still time to rule. After all its a person who rules and not a tribe or region.
Ricky it’s NOT on a round robin basis mwana, let the candidates sell themselves regardless of ethnicity. And in this case the other guys have been simply unsellable, period! It’s gutter journalism on ZWD that has made some of YOU believe that ” the other one” should have won through fake and flawed opinion polls!
Now you see what it means not to have an independent mind? The lack of an independenet mind and ability to discern what is obtaining in the real and not on the social media, will make you say things like….”can you say the other tribes dont have the wisdom to rule?”
They have the wisdom but thus none from those regions has shown us that wisdon to attract our votes kwasila!
meant real world
Don’t mess around with the fundamental right to be heard; it cannot be trashed in some technicalities. It is sacrosanct….holy….enduring.
The UPND team WILL be heard. That judge is a lawyer first and foremost and you don’t pass law without being grilled in the fundamental of Human Rights Law.
And every right thinking person knows that they were given a 14-day opportunity to be heard and what they did with is clear to all. They had their time and the rest of us Zambian have rights to get back to our normal life too. Trust me, it’s not even in your interest to create a situation where a president-elect’s inauguration is delayed indefinitely while a petitioner goes on a fishing expedition for evidence!
Just food for thought to all, what if the ConCourt Judges actually came to their buttery ntwenu and decided to resign now before the inauguration of the next President, who will hear the petition in the event that the Judicial Complaints Commission rules that they were incompetent and the Petition should be heard first before any form of inauguration?
The ConCourt Judges do not swear in the President. That is the prerogative of the Chief Justice. It would make no difference even if they resigned today. The JCC has no competency to rule that the petition should be heard first.
The evidence can be published now. It is no longer contemptuous as the matter was closed. So UPND please share with us the evidence so we can understand the level of vote stealing you are claiming or SHUT UP IF THERE IS NO EVIDENCE
Yes! Let’s see the ‘evidence’ NOW.
There is no evidence, it is clear, these guys are wasting our time. just look at the way they maneuvered on the 14th day. it is really sad, but anyway, it is democracy.
The trueth has been exposed and i thank HH and GBM for his stance as you have proved that you won these elections no wonder they were panicking how on earth can caders camp at the courts without Police chasing them.
Lungu has proved to be the least popular President.
HH got got over 1,700 votes and has many followers were are proud of you.You are our President and that is final.All the 1700 votes you got you have a big following.
Do not worry before the end of the 5 years God will respond to our prayers and God cannot allow his people to be subjected to this type of broken rule of law.Mark my words.God will respond to our prayers
@ Sudan, where is the evidence? this was clear, do not depend on social media for information, You where glued to ZWD, Celebrating in your homes and regions forgetting that Zambia is bigger than the three provinces put together.
and God has already responded, the president of Zambia is still E.C.L, if you don’t like it hang yourself.
Example of an invigilator is misplaced maybe a referee could have been better for a decisive match. The framers of law had in mind the security of the nation to restrict the petition to within 14 days which is now not even a danger as the situation is. Judge Sitali had a better advise in her first ruling to start the petition on 2nd and end on 8th due to the pace of proceedings. External influence may have made her change her earlier position and that is where all started going wrong to end on 2nd. The midnight ruling reinforced her earlier ruling and again the external influence made her and them disposed off the case that needed extra time time and even penalties. Now we have a case that will never be concluded and only remains a case study for law students.
@17 Mwebantu, the petition is closed and nothing can reopen it. One UPND cadre today suggested that the inauguration cannot take place because the Concourt did not rule on any of the three below
1. Nullify the elections,
2. Confirm the result,
3. Disqualify the president-elect.
Well my answer to that is that the petition collapsed, it’s as if it never arose. So the status quo prevails, i.e. the ECZ declared the winner/ president -elect who will be inaugurated next Tuesday. Remember that the ECZ position was challenged in the petition, and it collapsed. Look here UPND guys, we understand your and HH’s pain and we commiserate with you both. But NOTHING will change and stop the inauguration. The matter is closed and you can reduce your pain by simply acknowledging the inevitable…
Ba Terrible, your “commiseration” is well placed. Any how, wot Big Brother Sinkamba, even if ali bayela iyikali, and, the Mutati MMD faction which supported and campaigned for the PF have realised, as should all of us well being Zambian shold do, is to realise that, what is or has happened now, can be done again to any of us tomorrow as precedent will have been set! Just a thought for the morning. . . . .Good morning to all and may the good Lord Bless you all Galant Zambians!!!!!
@Terrible, that is rightly put, “the petition collapsed, it’s as if it never arose. So the status quo prevails, i.e. the ECZ declared the winner/ president -elect who will be inaugurated next Tuesday”
1. won before actual aug 11 elections vote
2. running mate pledged certain grouping vote
3. rich & bweengwa origins
4. second big beef supplier in zambia
5. only zambian able to talk investments especially to anglo
6. one person voted six times
7. promised not to get salary during presidency but cut deals & allowances
8. 2 of 5 concourt judges were for me
9. one concourt judge body language never took notice of me
10. its my turn to be president
11. anyother
Contd….
The matter is closed and you can reduce your pain by simply acknowledging the inevitable. Democracy gives you another chance in 2021. Utilise it by beginning your preparations, including selecting a more marketable candidate. Take it from me, if a leading opposition candidate loses an election in the middle of an economic meltdown and high prices of mealie meal, then he is simply not saleable, and come 2021 he will lose more miserably because the economic conditions will be much better.
HH seems to know this that is why he is clutching at straws while drowning.
EVERYONE IS ROTTEN.JUCICIARY IS ROTTEN, LAZ IS ROTTEN, MEN OF GOD ARE ROTTEN, POLITICIANS ARE ROTTEN, FULL OF NOTHING BUT GREED.EVEN PEOPLE LOOKED UP UPON TO BRING UNITY ARE THE ONES WHO ARE BUSY SUPPORTING WRONG THINGS WHICH CAN BRING DESTRUCTION TO THIS BEATIFUL COUNTRY, ALL IN THE NAME OF FATTENING THEIR BELLIES.ALL THAT STANDS BETWEEN THE PEOPLE AND PEACE IS GOD.
The fact was that the petitioners were not heard. The reason the elapsed due to delays and lack of guidance from the court. Today we are made to understand that 14 days interpretation was in dispute even among the con court judges themselves. From this premise i can conclude that incompetence on the part of the concourt is to blame.this is why the petitioners are seeking for a further interpretation of the madness in law.
I don’t get you. You mean all those high-powered lawyers HH and GBM engaged did not know that the matter should be heard within 14 days? Then what was the point of accepting the commission from HH/GBM to represent them?
MWALA. I AGREE WITH YOU. WAS IT FOURTEEN WORKING DAYS OR WAS IT FOURTEEN DAYS PERIOD? CAN SOMEONE PLEASE MAKE THIS CLEAR TO ME WETHER THE COURTS WORK ON SATURDAY AND SUNDAY?
It is clear, the time period was within 14day after submission of the petition.
and time was up. do not blame the court, hh/gbm had lawyers to represent them, they were in control, they were the concerned party in the case, they should have understood what was at stake.
# 17 Mwebantu. Whether they are there or resigned, they are defunct. They can not handle the matter they mishandled. It is as good as not having them. Coming to your other question, the supreme court can handle it, just like the bill of right which did not pass at referendum, and all matters should have been directed to Concourt, it means, all matters concerning human rights violation go to high court as it was in the past.
Those chaps were bribed big time, so they can not be impartial period.
In fact, some agencies like the police, should investigate their accounts, or check their homes, just in case they buried billions like Liato
General Tzu-Sun, the point I was trying to ask or make is, in the event that they resigned now, there would be nobody to swear in a fresh set of Judges. Going by our Constitution which most of us are all seemingly in agreement that these judges among other things breached instead of protect, ONLY they, the ConCourt, can hear a presidential petition???
Who appointed these judges? That is the person who is incompetent. Did he take into account their years of experience and qualification?
Be fair in the way you blame the petitioners. To say the dismissal of the petition was the fault of the petitioners its ill judgement, because its not the petitioners to set the dates for the hearing, making adjournment, and its not that all hours of the 14days were spent on the preliminary subjects filled by the petitioners. Moreover, all of them were thrown out without wasting time on them by the Goncourt judges. Think again, the obligations to hear the petition in14 days is a directive to Concourt judges not the petitioners. Its the Concourt to give guidance to both the petitioners and respondents on the proceedings. The basic thing is that any rulling which was made outside the14 days is fake and constitutional.
DESMOND. FROM THE BEGGINING OF THE CASE THE JUDGES WERE BIASED AND IT SHOWED CLEARLY THAT THESE JUDGES WERE BOUGHT.
I meant fake and unconstitutional.
It is easy to pick on judges but they probably came to right decision in petition in the end which agrees with law. Managing case in terms of time on b1/2 of client should be lawyer’s job as a professional. Its like project management. I cant accept my lawyer to tell me that it is court’s fault that I’ve run out of time when my lawyer has access to same law as Judges & also went to same university as judges. I would sue lawyer not Judge.
NO THESE JUDGES PICKED OUT SOME ITEMS FROM THE CONSTITUTION AND SOME WERE DISREGARDED TO SUIT ONE PERSON. ALL THE LAWS OF THE CONSTITUTION SHOULD BE FOLLOWED NOT JUST A FEW.
ati Palan Mulonda or Malonda kaaya mwe??????????????? which law has he practised this guy
Interesting how everyone is now a lawyer and judge and yet the people who were expected to being so are now laymen!
Judges of the PF constitutional court should be removed .They did nothing after PF gov’t defied court orders to have Rupiah Banda be allowed to travel to Kenya.
guys if you have a case that can be tried outside Zambia and you can afford the fees, do it! I now understand why Musa Mwenye opted to take the case of the mines vs that community members to the UK courts. Not only are our judges incompetent, they are timid and corrupt . There could be one or two that are upright and just but the are in the minority. Now since majority carries the day the courts in Zambia are useless and unhelpful to the building of a just and fair society. Where is the judgement on who should act president when there is petition? Even my grade 4 son can answer correctly if he reads the close in the constitution.
A circus of ignorance in colourful display!
This only proves one thing – few of us think; the majority don’t.
thinking with you ar.se yes!
What happened at the Con court was an accident waiting to happen. It was not a matter if, but when. The root cause of the problem started from the fact that the issue of competence in constitution law matters was recklessly overlooked by the appointing authority of these Judges .We have ended up with a situation where Zambians and the world at large have lost respect of our justice system because of five overpaid individuals .
I NOW HEAR MANY PEOPLE DEBATING ON THE 14 DAYS. FOR SURE, IF ONE IS GIVEN 14 DAYS LEAVE FROM WORK, DOES IT COUNT SATURDAY AND SUNDAY OR LESS SATURDAY AND SUNDAY. ALL IS CONFUSING BUT THE TRUTH OF THE MATTER IS THAT THE CON COURT ARE A DISGRACE AND ONE WILL SEE TO IT THAT CORRUPTION IN OUR JUDICIARY SYSTEM IS AT ITS PICK.
TRUTH SHALL REMAIN TRUTH AND IF ONE IS BASING ON FACTS, WILL FIND HIM/HERSELF TO THE OTHER SIDE OF THE CONNER BLEEDING FALSEHOOD AND THEN ALL PEOPLE WILL SEE THAT HE/SHE IS A CRIMINAL.
THIS IS WELL STATED. I BELIEVE IF IREEN MAMBILIMA IS A CREDIBLE AND PRINCIPLED LADY, SHE WILL DISTANCE HERSELF FROM THE ILLEGAL SO CALLED INAUGURATION OF LUNGU. MANY EYES ARE WATCHING AT ZAMBIA WHICH CLAIMS TO BE A CHRISTIAN NATION. WHEN PEOPLE REACTED AT DECLARING ZAMBIA AS A CHRISTIAN NATION, THESE ARE SOME OF THE THINGS THEY FORESAW WOULD COME OUT AND THE PREDICTION IS OUT. CAN WE CALL ZAMBIA AGAIN A CHRISTIAN NATION? LOOK AT THE BISHOPS THE LOVERS OF MONEY LIKE JOHUA BANDA, NGULUBE AND THE SO CALLED PROPHETS. THEY ARE EVEN QUITE WAITING TO BITE IN SOME KWACHAS WHEN THEY ARE CALLED TO GO AND LAY HANDS ON PSEUDO PRESIDENT LUNGU. JESUS WAS SOLD FOR 3 PEACES OF SILVER AND NOT EVEN BRONZE OR GOLD AND THIS WHAT WE SEE WITH OUR SO CALLED BISHOPS AND PROPHETS OF DOOM.
People should understand that hh&gbm placed that petition because they wanted to delay the inauguration of Ecl. Nothing special. Everyone knows they lost. Elections were transparent from choosing the printing firm monitoring of the same and transportation of the materials to polling centres. During voting and announcing of results. Upnd were all over even verifying some figures. They are the only party who were allowed to interfere with election process to prove a point that there were no hiden agendas. They chased empty trucks and planes for fear of their own shadows. Now they are chasing the courts. If a rerun was allowed and they lose they won’t accept again so let’s forget about these two 1diots.
I totally disagree. We don’t know exactly who won those elections and we may never know because HH was denied the right to be heard. The concourt did not clear Lungu of any electoral malpractices simply because the petition never reached its logical conclusion.Infact it did not even start. So people will be going to Heroes stadium next Tuesday to witness the inauguration of a President whose “victory” is very questionable. Impunity and lawlessness will be the order of the day in the next 5 years because Justice has been killed in this country.Zambia is a failed state under this regime.
Lets not be selective in our calls to remove the concourt Judges as these petitions should extend to the root of the problem at ECZ where gross incompetence reigns. We all know that Priscilla Isaacs allowed Chavura access to ECZ server rooms and it is on record that Esau Chulu announced wrong results for Lundazi different from the official ones….. those cases are examples of visible gross incompetence among many which were not exposed and have the potential to set the country on fire and therefore should not be ignored… I henceforth call for a complete overhaul of the whole system at ECZ as they are the root of all this circus we are experiencing as a country…
WHO SAYS HH WAS NO HEARD????? , THE GUY KEPT ON PLAYING MONKEY TRICKS THROUGH HIS PRELIMINARIES AND FORGOT THE MAIN ISSUE AT STAKE. YES OUR CON COURT JUDGES WERE SKEWED TOWARDS HH’S VIEW BECAUSE THEY EVEN TRIED TO ABROGATE THE VERY LAW THEY SWORE TO PROTECT JUST TO HEAR THIS VILLAGER FROM BWEENGWAA__
WAS IT EXPLAINED TO HH THAT HE WAS WASTING TIME, AN EQUIVOCAL YESSS!!!
WHO IS TO BLAME FOR HH’S NOT PRODUCING HIS SO CALLED TONNES OF EVIDENCE? WE ALL KNOW THE ANSWER TO THAT ONE. HE EVEN WANTED ZNBC BROADCAST NEWS FOR AN ENTIRE THREE MONTHS.
WHO WAS CHASING ECZ TRUCKS VIA AMBUSH_ CARGO PLANES, JAMES HARDLEY CHASE METHODS AT ECZ, THROUGH THE THUGGERY OF MWAALITETE. THE ONLY PERSON WHO IS TAKING ZAMBIANS FOR A RIDE IS HH HERE. WATCH THE SPACE THE MASSES ARE WATCHING.
Leave the concourt alone, let’s pay attention to the developing our country by accepting the outcome of August 11 elections, ECZ mandated to declare the winner, did just that, let the children that took part in the race cry, but the mature and upright focus on moving on. HH and GBM are taking Zambians for Granted.
HH&GBM, PLEASE STOP WASTING OUR TIME, WE HAVE GOT THINGS TO DO, YOU ARE ALREADY WEALTHY, GO AND ENJOY YOUR WEALTH, LEAVE US WITH FELLOW POOR MAN ECL, HE UNDERSTANDS US BETTER.
Can some one tell me please: How many constituencies are UPND disputing? theoretically can some one compute for us the rest of the votes without these contested constituencies where do we end? Am told Lusaka is in contention for UPND and Southern is in contention by the PF. Lest get these off and count the ones we all agree on. Where do we end? The EU are still in the country they don’t seem to doubt they result though they protested the campaign violence and biases against the opposition prio to the election. I saw them on Muvi TV confronting the President at state house about these issues. And they spoke candidly and firmly. But all agreed that election day was peaceful compared to what had happened bfore. So who won without Lusaka and Southern provinces?
About the law all I can say our lawyers need to be more serious. Client interests need to come first so they must be alert and tactical to ensure the rights of their clients are protected. HH & GBM were not protected. It appears that everyone would have been ok if two extra days were added to present the case. All left the court happily hoping to continue Monday. In essence all they needed for this case was just 2 days for each side and 1 for the deliberation of the court and 1 for delivery of the judgement= 6 days out of 14 or 10 as some counted. So we even had 8 or 4 days to play with. But its like I sue a man for stealing my wife and my lawyer starts by filing for injunctions to stop the man from: 1. kissing her, 2. further sleeping with her until the case is disposed of, 3. against…
….. media coverage to protect my reputation and my children etc etc until my 14 days elapse. Then the guy remains with my wife because the case has not been heard and I lose money and remain terribly hurt. Do you get my drift? That is how HH and GBM are feeling right now. Its just that they have elected to blame the court instead of their lawyers. However, theirs is just one view point and not the only view point on the matter.