UPND Lawyers Leaving the Court
UPND Lawyers Leaving the Court

The Lusaka High Court has thrown out an application by Hakainde Hichilema and his running mate Geoffrey Bwalya Mwamba to prevent the Inauguration Ceremony slated for Tuesday 13th September 2016.

The Court also threw-out the application with costs.

Judge Mwila Chitabo who was hearing the matter on Friday evening said the court had no jurisdiction over the matter.

“I have no jurisdiction to grant interim relief sought under Article 28. They are denied with costs”.
Mr Hichilema and Mr Mwamba were seeking High Court’s interpretation.

They claimed that the Constitutional Court denied them the fundamental right to be heard over their election petition

The Constitutional Court dismissed the Petition for want of prosecution in the 14 days stipulated by the Constitution thrown out as the litigants.

Hearing for the main case continues on Monday.

Earlier, Attorney General Likando Kalaluka asked the High Court to deem UPND President Hakainde Hichilema and his running mate Geoffrey Mwamba to be vexatious litigants.

Mr. Kalaluka said that the two should not be allowed to commence legal proceeding without leave from the court.

He said that before allowing the two the court should make sure that their proceedings are not an abuse of the court process.

Mr. Kalaluka said that his application is in accordance to section 16 and two of the High court Act.

This is according to an order that Mr. Hichilema and Mr. Mwamba be deemed to be vexatious Litigant filed by Mr. Kalaluka.

The Attorney General made the application when the parties meet for the inter-parte hearing this morning before High Court Judge Mwila Chitabo.

UPND Lawyers Leaving the Court
UPND Lawyers Leaving the Court
UPND Lawyer Nelli Mutti leaving the Court this evening
UPND Lawyer Nelli Mutti leaving the Court this evening
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66 COMMENTS

    • And that futile article on Lusaka time by that tribalist Professor Michelo Hansungule was in vain. He really tried to convince the high court judge to change the verdict. These tonga bulls have issues. Waiting for more responses from tonga bulls like McDonald Chipenzi, Prof Ndulo and the main man Hansungule e.t.c

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    • Mwikateni uyo HH ala nafulungana. Impeccable intelligence fillers are that he has hatched a plan of petitioning in every local court he considers courts of last resort before taking the matter at a Chuundu chaitwa meeting in Monze. I hear Matero Local Court is his next stop.

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    • I am sure we have all heard of the “seven deadly sins,” also known as the “capital vices” or “cardinal sins.” If you have not, here is a summarised version from WikiPedia. It is a grouping and classification of vices of Christian origin. Behaviors or habits are classified under this category if they directly give birth to other immoralities. According to the standard list, they are HUBRIS, GREED, LUST, ENVY, GLUTTONY, ANGER, and SLOTH. These sins are often thought to be abuses or excessive versions of one’s natural faculties or passions (for example, GLUTTONY abuses one’s desire to eat).

      Now you be the Judge, which of these resembles the BEHAVIOURS, ACTIONS, and ATTITUDES of our two “rich” brothers, HH and GBM? Let me expand on the meanings of a few of them to aid your…

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    • continue…

      … understanding.

      HUBRIS: From ancient Greek, hubris describes a personality quality of extreme or foolish pride or dangerous overconfidence. In its ancient Greek context, it typically describes behavior that defies the norms of behavior or challenges the gods, and which in turn brings about the downfall, or nemesis, of the perpetrator of hubris.

      GREED: Is an inordinate or insatiable longing, especially for wealth, status, and power. As a secular psychological concept, greed is an inordinate desire to acquire or possess more than one needs.

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    • continue…

      ENVY: From Latin “invidia”, is an emotion which “occurs when a person lacks another’s superior quality, achievement, or possession and either desires it or wishes that the other lacked it.” Bertrand Russell said that envy was one of the most potent causes of unhappiness. Not only is the envious person rendered unhappy by his or her envy, but that person also wishes to inflict misfortune on others.

      ANGER: Is an intense emotional response. It is an emotion that involves a strong uncomfortable and emotional response to a perceived provocation, hurt or threat. Some have a learned tendency to react to anger through retaliation as a way of coping. Anger may be utilized effectively by setting boundaries or escaping from dangerous situations. William DeFoore, an…

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      … anger-management writer, described anger as a pressure cooker: we can only apply pressure against our anger for a certain amount of time until it explodes

      FORTUNATELY, THERE IS A BETTER WAY FOR OUR SEEMINGLY BOASTFUL AND PROUD BROTHERS (HH/GBM): Practicing these VIRTUES is said to protect one against temptation from the Seven Deadly sins. The Seven Contrary Virtues (sometimes referred to as the “seven Heavenly virtues”) which are specific opposites to the Seven Deadly Sins include: HUMILITY against pride, KINDNESS against envy, ABSTINENCE against gluttony, CHASTITY against lust, PATIENCE against anger, LIBERALITY against greed, and DILIGENCE against sloth.

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    • I HOPE HH/GBM CAN REALIZE THE WRONG PATH THEY HAVE CHOSEN FOR THEMSELVES. IT SPELLS A VERY SAD ENDING IF THEY DON’T REPENT OF THESE ‘SINS’.

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  1. Are these opposition guys okay? Am finding it hard to follow their path. There is more to their fight than alleged rigging

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    • it is called justice; that is what not only those two but many many of us; you people seem happy to be under a one party state we lived under it and it was very bad;

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    • I think they have a covenant with the devil. Don’t forget the Armageddon they predicted. Many brushed it aside. Now you can see that the two imbeciles are ready to koll just like their red color symbol. These are evil people who only cares for their bellies. Zambians rejected them like used toilet paper.

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  2. Failed state indeed. What a tragedy. If ECL thinks he has fixed things, he will live to regret the impact of this injustice. Hearts are broken.

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    • @Nitikiiti BE OBJECTIVE WHEN THINKING. DONT ALWAYS BE SUBJECTIVE. HH FAILED TO PROVE THAT THE ELECTION WAS RIGGED. THE CONSTITUTION GAVE HIM 14 DAYS. HE FAILED TO PROVE RIGGING IN TWO WEEKS. THE REASON IS SIMPLE. THERE WAS NO RIGGING. AND THEREFORE THERE WAS NO EVIDENCE. AND NOT ONLY THE CONCOURT HAS REJECTED HIM, EVEN THE HIGH COURT HAS REJECTED HIM. THE SUPREME COURT WILL REJECT HIM ON MONDAY AND THE MAGISTRATE COURT AND LOCAL COURTS WILL REJECT HIM. WHAT IS MORE, 50%+13,000 ZAMBIANS REJECTED HIM. 6.5 PROVINCES OUT OF 10 ALSO REJECTED HIM. SURELY FRIENDS CANT YOU SEE ALL THIS? AT EVERY POLLING STATION THERE WAS A UPND AGENT AND ALL THOSE AGENTS ACKNOWLEDGED THE VOTES BY SIGNING THEM. PLEASE DONT TELL LIES. GOD HATES LIARS.

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  3. Now Please HH leave UPND Presidency for Dr Canisius Banda..a very noble and principled man

    Edgar Lungu 5 more years

    I thank you

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    • What I don’t understand is why @ Katondo Boys was not served! During elections, they accused him of rigging at Pamodzi and sent a Posse after him to inflict grievous bodily harm!! These guys have lost it big time!

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  4. GBM SHOULD LEAVE HH AND SAVE HIS POLITICAL CAREER HE WILL ALSO BECOME AS HIM LIKE NASHALA NEKA PARTIES

    THE INAUGULATION WILL BE A VICTORY PARTY WITH MUSICIANS GEARED TO ENTERTAIN EVEN AFTER THE IAUGULATION TO CERELEBRATE AND PUT TO PAST HH LOSSES

    IT WILL BE A MASSIVE COLUORFUL MUSICAL PARTY HH IS ALSO INVITED TO CELEBRATE AND FORGET HIS MAJOR LOSSES

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  5. 2021 Presidential Elections

    Dr Canisius Banda UPND vs Edgar Lungu PF
    Yes Yes Yes this will be a thriller….just wondering how Southern Province will vote…
    My good friend Saulosi is a big Canisius Banda fan

    Edgar Lungu 5 more years

    I thank you

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  6. THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT…THROWN OUT….THROWN OUT…THROWN…

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  7. HH ulichiyanga yebo taujesi mano. Just give up and get a life the Zambian people rejected you. Next you will be sueing of us for not voting for you.

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  8. GOOD FOR MOTHER ZAMBIA AND THOSE STILL BITTER NEED DELIVERANCE ! DEMOCRACY ENTAILS THAT THE MAJORITY RULES AND THE MINORITY ARE STILL IMPORTANT COS THEY WILL CONTINUE TO OFFER CHECKS AND BALANCES.

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  9. Just what is so hard about accepting defeat? You cannot force yourself to stand against the people’s choice. Just pick yourself up, dust yourself up and start all over again.

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    • Greetings my friend Nine Chale. We the Originators of Lusaka Times have returned today. President Hakainde Hichilema should accept his loss, due to poor choices of party leaders, i.e Dr. Nervous, GBM and William Banda. Zambia is heading to development, even the courts for once have worked. I have learnt legal lingual in this one month. Great to know you read LT from a far like a lot of the veterans.

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    • @Mwanawakwitu
      Yes Nine Chale is one of the founding members of Lusaka Times…a well respected blogger indeed…and do you still remember that riff ruff that used to be the first one to comment on every topic…he used to comment with just two words..nambala one

      Dr Canisius Banda for UPND President 2021

      Edgar Lungu 5 more years

      I thank you

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  10. If you compare hh or Great late Michael Sata,the difference politically is huge!!whenever Sata lost elections and people wanted to protest his loss,he stopped them and encouraged his supporters to vote for PF in large numbers in next elections.by so doing,Sata’s popularity kept growing until mmd failed to rig elections in 2011.NOW TELL ME,WHICH NORMAL ZAMBIAN CAN LOVE HH ESPECIALLY AFTER SEEING HIS BAD BEHAVIOUR AFTER 11/08/2016?by nature,Zambians hate people who are desperate.so hh’s desperation for state house has destroyed even the little chance he had for 2021-mark my words!!

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  11. These two *****s sold the country before votes were cast hence this pressure. Next we the voters will be before the courts of law with a lot of petitions. Accept if you don’t know you are distancing yourselves from voters alot. Fat Albert and kamamantisha wa mishishi Hawa Hagain (HH) you are heartless *****s

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  12. This must be hard for you HH and your running mate, In life its not always things goes our way. I know its hard, just like its hard for all of us who lost the election in one way or another. If you do not handle this loss well, you can be bitter in Life which will not be good for you as a child of God. you may not like Lungu, its okay but you have to Love him through the Love of God.
    Don’t allow anger be directed at anyone or any institution? It will not be healthy for you. Forgive them and start mobilizing the party again.
    I wish you God’s blessings and we all support President Lungu now.

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    • It’s not about election dispute, there is something else, something to do with money…..it’s about the money… something like a lose…

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  13. Upnd needs a new leader absolutely, at once, not Fat Albert, not failed doctor Banda, not another Tonga. Maybe someone from northwestern province.

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  14. Even the online self made lawyers said exactly what the high court has told. For sure hh lawyers are sucking him big time. Meanwhile they are busy laughing at him. Pf does not need the highly learned prof mvunga to defend them. I can as well do it with easy because hhgbm are taking the cases to the wrong courts. These are cases for the pit court which even a slut can sort them out with an happy ending.
    He calls himself as an elder in SDA church. Ninshi sda church has no people to pray for the demon in their brother? What a church.

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    • Furthermore they have condemned in costs so HH is paying double (his lawyers and lawyers’ for the respondents). He tells us his rich but it must surely hurt. Ouch!!!!!!!!!

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  15. NOW HH GIVES LUNGU 48 HRS TO RELEASE MWALITA. WHAT ABOUT THOSE OTHERS LANGUISHING IN OTHER PRISONS. BY THE WAY WHERE IS THE OTHER UPND LAWYER MEMMBE?>

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    • Mwaliteta, the one who brazenly attacked election officials with pepper spray in broad daylight to steal election material? That one is dangerous and should wait for his day in court.

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  16. What HH should know is that when a leader fails to manage himself his followers suffer. HH should find time to think about his supporters who have lost employment or jailed. A chicken will change her mind and do the opposite when the life of her chicks are in danger but this HH. You can’t safe mwaliteta through media meet LUNGU and talk for the sake of your pipo sir

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  17. Well done UPND Legal Team. Justice Chitabo has confirmed that the UPND Petetion at Concourt is still valid and active until the Petetion Hearing is disposed of. On Monday the UPND Lawyers will file their Appeal with SC. With a valid Petetion at Concourt and an Appeal at SC we will see how the Chief Justice or her Deputy will officiate at an illegal Swearing Ceremony? The solution to this problem remains for Concourt to hold the Petetion Hearings openly,fairly and timeously. The struggle continues.

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  18. UPND should just be disbanded……A political party with a tribal face can not succeed in Zambia.Our Tonga brothers and Sisters need to be assisted on the need for unity.The Nega nega and Dundumwezi formulas is proof enough for Zambians from the 7 provinces never to vote for UPND too in future no matter what……its a bad seed.Even in Government offices,they do not trust people from other provinces.How do you make progress like this as a country ?

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  19. THERE IS NO JUCITICE IN ZAMBIA. THE GAME IS OVER. MY HH PLEASE DONT WASTE YOUR MONEY ON THESE COURTS WHICH ARE CORRUPT. PLEASE IF YOU WANT TO WIN AGAIN COME DOWN AND JOIN YOUR TRIBAL COUSINS THE BAROTSE AND ALL NORTHWESTERNERS ARE IN NOW FULL SWING TO GO BAROTSE BECAUSE THEY HAVE FOUND OUT THAT BEMBAS AND EASTERNERS ARE CUNNING PEOPLE AND THEY SHALL NEVER ALLOW ANY FROM EITHER SIX PROVINCES, LAMBALAND, CHISHI CHABULENJE, SOLI, LOZI OR TONGALAND. THEY HAVE SET THE BALL AND THAT IS WHY THEY ARE STEALING FROM US TO DEVELOP THEIR AREAS. LOOK AT THE WAY DEVELOPMENT IS ESCALATING IN THEIR AREAS AND LOOK AT THE WAY NW PROVINCE IS TODAY.

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    • @sengeleti.You are so sick with tribal talk, Zambia will never be divided. Our Veep is Lozi, the President is from the Copperbelt, born and raised. leave the Easterners and the Bembas out of this, Zambia has been, is and will always be one Nation. if you don’t like it this way, hang yourself.

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  20. HH and GBM have proved to be the most corrupt people in Zambia. This is how you lose wealth acquired through dubious dealings and you think you can do the same with power. You can take a man out of the village but you cannot take the village out of him. These two must have tabled some deals to rape our country but God has his ways of retaliating. He will first make you go mad before exposing the devil in you. Zambia has been saved!

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  21. in all this, I say bravo to judges mungeni mulenga, palan mulonda and annie mwewa sitali for the 14 days landmark ruling which will stand the test of time in Zambia and the judicial world at large. the bill of rights guarantees freedoms, but these freedoms are not limitless. they are exercised in line with the limits imposed by other laws. when a petition is time barred, and the concourt has no jurisdiction to hear it, that’s it that freedom is curtailed. this law was drafted by 26 upnd mps, godfrey miyanda, muna ndulo and all those who took part in the constitutional conference initiated by president mwanawasa at that time. pf boycotted this conference saying it was a sham. ecl merely affirmed by creating concort and putting the judges in place. truly under five and fat albert have…

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  22. You missed BRE by shooting down the referendum and for your information bre only benefits the lozis under litunga not all those tribes you have listed. Desperation at best. Hh is only lobbying his members to give him another attempt in 2021 knowing that if he conceded defeat a conversion to replace him will be called.

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  23. truly under five and fat albert have short memories and have forgotten that they created this law. ecl and the pf mere put into place concourt and the judges. it is amazing how actions of yesterday come to haunt us later in life. the loudest during that time was miyanda who insisted that election petitions in Zambia were a waste of time as they took to long and referrd to mazoka.s which took four years. thank GOD this one has been curtailed within the 14 day window. in future those who seek redress from concourt will be better prepared knowing that the relief they will be seeking from concourt will be settled within 14 days. so under five and your pimp fat albert move on, no court will open a Pandora box and go back to those endless litigations of the past.

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  24. for that self styled constitutional professor hansungule, you are better off schooling your under five pupil on how to put together a water tight case for the court, the shuffling backwards and forwards by his legal team lead by dim jack mwiimbu and uncouth Martha mushipe spoke volumes on how ill prepared the boy was in the petition. the hangers on like nnvers mumba, guy scott and cartel leader mmembe put the boy on could nine and made him think all that was needed to to get ecl to step down and prevent his inauguration from taking place. they wasted time on this and forgot to prosecute their petition…. very very naïve indeed!!!!

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  25. Yaba Elo Lwanya nomba! Now Monday to Supreme court? The same case three courts in three weeks? Zambian courts are very responsive. They hear cases fast and rule almost instantaneously. So the SC will hear the case fast and rule at night on Monday to tell PF to ask all visitors who will arrive on Monday for the inauguration to fly back to their countries and wait for another time because it can not go ahead until the case is heard? So far Lungu is leading 2-0 HH. Can HH score a consolation in the SC maybe which on aggregate will force PF Fc into a replay with UPND Fc?

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  26. @THE SEB………yes pa Tuesday kuchilisha dununa reverse ova and ova again. GOD’S time is the best. everyone has waited patiently while others run around like headless chickens from one court to another!!!!

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  27. UPND Lawyers please make sure you collect your legal fees in advance. And invoice at the premium for these rich f00ls. MUTTI and others will be stinking rich by the end of this circus. Go to Supreme Court on Monday and you will be heard on Thursday, ruling will be on Friday. SHAMEFUL LEADERS CHASING THE WIND. This is a sign of madness. Not seeking justice anymore

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  28. Someone help me understand why HH & GBM are not upset or suing their lawyers for not advising correctly, for failing to serve the papers to ECL, IMW, ECZ & the attorney general in good time……???
    Both of them & their lawyers knew they didn’t have evidence. They planned to have it in due course. So as such they started the merrygoround to waste time. Who in their right mind would want legal case prolonged? If you imagine the longer the case the more money it’s costs. But these two are behaving as if money is no hindrance they can fork it out….no problem. Which is fine as its their prerogative…they are paying. If indeed they aspire to serve the people of Zambia as servants..they wouldn’t be fighting like this. They have an ulterior motive of getting money to pay back the debtors…

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  29. Come to think of it they profess to have learned people like the Jack Mwimbu etc. What happened…Professor Mvunga gave them lessons that sent the lot out leaving the courts one after another …….?

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  30. Even Mwine Mushi will throw him out of his court , once he goes there.. About time.. Please Supreme court, do the right thing and throw him out as well.. GRANDIOSITY is a mental disorder that cause an individual to have an exaggerate belief in once’s self importance, therefore everyone must bow to his demands…. This is what Mr. HH is suffering from..

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  31. GOD Forbid, UPND ought to clean its hands with the alleged crimes against humanity acts on us.
    It is really sad for the Highest Court in the Zambia to be accused of Human Rights Violations. Such acts touch on the lives of the entire Zambian population and can only be effectively dealt with by an international criminal tribunal or the ICC.

    I have reported crimes against humanity committed on me to the United Nations, AU and ICC as well, and both PF and UPND members were complacent in pillaging, harassing, persecuting, murder of my daughter, forced exile, holding me in slavery and servitude, and sexual violence acts, intimidation and in obstructing my career, socially and economic advantages, as a method of stealing from me and sabotaging my UN career, yet I donnot owe them…

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