By Professor Michelo Hansungule
What happened in our Constitutional Court earlier this week is spectacularly shocking. The three judges involved in this strange decision must personally be made accountable for what they did over the weekend and in Monday. In fact, PF handling of the presidential election petition since the petition started including refusal to have the necessary documents served on Edgar Lungu in his capacity as respondent has not only baffled many Zambians but friends of Zambians around the world.
How can a court, which in its Friday midnight decision unanimously decided to hear the petition on Monday and Tuesday, and respondents on Wednesday and Friday suddenly u-turn and instead announce that three of its members decided over the weekend to denounce the unanimous decision of the five member bench? This, to say the least, is unprecedented in the history of the Zambia. It has never happened and neither is it supported by law that judges who were part of a full bench can sit on a weekend without parties to the case and without some of their colleagues to change a decision they arrived at unanimously with their colleagues which decision was announced to the parties and as per practice to the rest of the world?
The only other case I remember where this happened is when now Chief Justice Chidyausiku of Zimbabwe, as acting judge of the High Court, sat on a Sunday to hear a complaint by parties who had lost their case against eviction from a farm land they had invaded. In that case, one of the evictees Murilo on behalf of his colleagues lodged an application before the High Court protesting the Supreme Court’s decision which decided in favour of the Zimbabwe Commercial Farmers Union seeking eviction of the land invaders from land of a Commercial Farmer’s Union member.
Acting High Court Justice Chidyausiku ‘overruled’ the Supreme Court and went ahead to set aside the apex Court’s unanimous judgment something which earned the ire of the Court and which was completely at odds with common law practice in the ommonwealth. But this is Zimbabwe and I for one never would have thought even in my widest of dreams that instead of teaching the death of the rule of law in Zimbabwe, a day will come when students of law will rather be using Zambia as an example of what Professor Muna Ndulo rightly calls a ‘failed state’. Needless to say immediately after this case, Chidyausiku was appointed Zimbabwe Chief Justice and the rest is history.
Though like many other Zambians I am shocked at the unprecedented development in Court today, somehow I could foresee it coming. I know Edgar Lungu personally unlike most of those who support and are ready to die for him. Just like my young brother HH, Edgar [is] or at least used to be my friend. I know for certain Edgar Lungu did not win the August 11 elections; he did not and he knows it himself. I have never doubted throughout that he will abuse all the state institutions including the CC to defy the will of the people and the rule of law in order to maintain power regardless.
Because he did not win he used the Electoral Commission to steal the vote. Because he knew what will come out if the petitioner was heard, he would not want the petitioner to be heard as guaranteed for him by the Constitution. If the petitioner had been heard, the result will have been exposed in the open for all to read, see and hear for themselves something which would have resulted in an immediate eviction of Edgar from the presidency he is already holding illegally. Therefore, Edgar made sure the case died in its track and this is what happened this morning in the CC. Had it proceeded, Petitioners were going to show Zambians how the vote particularly the Lusaka vote was blatantly rigged and Edgar knew petitioners had solid evidence with them to prove how this happened? They still have that evidence with them.
Clearly today’s CC developments constitute the Zambian Penal Code’s Section 112 obstruction and defeating the course of justice and must as a minimum immediately be investigated. Petitioner’s right to be heard was obstructed by no less an institution than the court itself, it can’t be. This must be investigated immediately by police to establish what happened and culprits taken to court. Only this will restore Zambia’s image now seriously damaged. Zambia police must quickly move in and institute investigations into apparently serious misadventure in court. It is not enough to refer the three judges concerned to the Judicial Complaints Authority which has no penal sanctions to enforce its recommendations/decisions. Besides, the morning’s developments are too serious to be referred to administration with only jurisdictions to recommend to the same authority who happens to be the beneficiary of the misadventure.
Meanwhile, the three judges who changed the unanimous decision over the weekend have no choice but to resign their positions immediately. Given this has never happened before and is quite unprecedented and even illegal for judges to sit on a weekend without parties or their colleagues and rescind a unanimously arrived at decision, they must take responsibility and resign.
That is the epitome of judicial irresponsibility! It is indecisive and a mockery of the court for it to ‘rescind’ it’s own decision without any of the parties making any such request and without giving parties a chance to make representations, and worse, without notice! It appears obvious that there was political interference and the split makes it even more suspicious. So on what basis did the three judges dismiss the petition if the parties didn’t even advance arguments? This is by far the most irresponsible way of handling an election petition on the continent. It will be hard for the court to regain its credibility after this disastrous precedent. I can’t even begin to contemplate the political consequences.
SADC and the African Union must quickly move in and suspend Zambia from their organs. What has happened in Zambia is not an election but clear unconstitutional change of government and the international community has an obligation to act to restore democracy and constitutional order. From the time Edgar Lungu refused to surrender power to the Speaker of Parliament in line with article 104 (3) of the Constitution, he seized power illegally against the wording of the constitution. Now, he has unilaterally barred the CC from hearing the petitioner in line with well-articulated principles insisting on an independent judiciary. All the instruments of the AU and the SADC as well as requisite UN instruments eloquently insist of a free and fair election including the right to complain.
Chief Justice Ireen Manbilima, her deputy Amusa Mwanamwaamwa and other judges have a duty to not be part of this shenanigan and keep away from any purported swearing of an illegal president who seizes power in this manner.
you fake professor just know that LUNGU AWINA KALE. YOU ARE JUST WASTING THE TIME. HH AND GBM, WAIT FOR 2021
True the election was bought a long time ago.
…another Tonga – another complaint.
I’m appealing to ALL Tongas to help Hakainde with his healing process. You are obliged to assist in cushioning his shock and not making it worse. Do you want us to play ‘Chikonko Mwikate’?
I’m further making the same appeal to your god the Zambian Watchdog.
Thanks
TLCVX200 (Toyota Land Cruiser VX 200)
Badala, You lost it clean and sparks free. The problem is that you chaps buy too much into illusions of substandard propaganda sound bites daily peddled by your blog site called watchdogs. Tomorrow they will make you believe that going to Matero local court can overturn this divine and popular people’s mandate bestowed with honor on Chagwa. If it fails, you will be made to believe that Chuundu Chaitwa drum beats would mobilize a miracle. Please come back to the real world, Chagwa we have elected him to serve a united Zambia for 5 years period. Lets go drink chibwantu maybe you will sanitize yourselves of this insanity you have signed up to. Thank you for trying.
Seriously professor you can’t even believe the bull crap purported as evidence coming out of your mouth. Your young brothers’ lawyers failed to produce tangible evidence for a whole 2 weeks to the ConCourt. They where still asking the ConCourt judges to procure tapes from ZNBC on the very last day of the hearing! So blame their incompetence not president Lungu. The mistake your young brother Kalusa made was to think that social media chatter was factual and acceptable evidence in ConCourt. Grow up all of you and move on. We are getting fade up of this crap!
His thinking is clouded by his tribe . All profs whose names start withh HA .He .Hi etc have stupid tribal inclination ….no wonder they were so confident of wining this case – counting nit on evidence but tribal names CHIBOMBA .MUNALULA and SITALI to win the case ….wenyo
@jako…people claim HH and GBM av money and you claim elections where bought if at all there is such a thing why didn’t HH and GBM buy the same elections
What I will post is a bit off the topic, but still very relevant to the petition. In fact, I will simply post what another blogger posted a few days ago concerning the 14 days or Computation of time in the constitution. Im sure he/she wont mind re-posting the opinion:
munsanje September 7, 2016 at 10:53
LEGAL OPINION ON COMPUTATION OF TIME, NATURAL JUSTICE AND THE CONSTITUTIONAL COURT RULING IN ZAMBIA
The simplest way to define the constitution is to say, a constitution is a set of rules by which a country is run or governed.
Where there is a breach of the constitution, the constitutional court comes in to rectify the said breach. What then is a constitutional court?
A constitutional court is a court that deals primarily with constitutional law issues. Its main authority is to…
contd..
Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e., whether they conflict with constitutionally established rights and freedoms. In the case of Zambia the constitutional court had to make a ruling on the just ended election, whether the said elections were free and fair as a petition was filed in by HH and GBM.
A petition for public knowledge is a formal written request, typically one signed by many people, appealing to authority with respect to a particular cause.
THE LAW
Article 103 of the constitution provides:
(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—
“I know for certain Edgar Lungu did not win the August 11 elections; he did not and he knows it himself”…………kikikikikiki……..in your head professor, HH won. Your UPND made rigging accusations against the Dubai printing firm and when ECZ asked for evidence you failed to produce it. Your UPND impounded trucks that where imported from SA cause you claimed to have credible intelligence information that they where loaded with pre-marked ballot papers and when opened the trucks where empty. Same thing happened over and over again when the distribution of ballots started. On the first day when ECZ started giving updates, Mushipe the UPND lawyer claimed to have evidence that a PF cadre was caught with pre-marked ballot papers and had managed to vote six times……again ECZ has not…
contd..
(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.
A perusal of the said Article clearly shows that it is self-explanatory. Other lawyers have argued that 14days is 14days and yes Article 103(2) is clear but yet again did the judges handle this matter properly I will not go into that. In law there is what is known as computation of time by the court I will deliberate on this for purposes of understanding.
COMPUTATION OF TIME IN ZAMBIA
Constitution of Zambia (Amendment) [No. 2 of 2016] under Article 269 provides that:
For the purposes…
Cont:On the first day when ECZ started giving updates, Mushipe the UPND lawyer claimed to have evidence that a PF cadre was caught with pre-marked ballot papers and had managed to vote six times……again ECZ has not been availed with this evidence. Majority of Zambians voted for ECL to be President, period! Don’t let tribalism cloud your judgement……even if there was a re-run,HH will still lose.
contd..
From the aforementioned, we note that, the Constitution gives guidance on the computation of time. In article 269 above, the Constitution says time starts counting on the day following the day on which the event or action happened. And if the day of the event is a weekend or holiday (excluded day), then the time should start counting on the day following the weekend or holiday. Further article 269 guides that weekends and holidays are excluded days which means even going by the counting by the judges, the ConCourt only sat for 10 days. This is just my interpretation I respect other opinions. Let me break it down for people to understand.
The petition was filed on Friday 19th August. The following day being a weekend meant that the 14 day period could only start counting on…
contd…
CONSTITUTIONAL PROVISION VS BILL OF RIGHTS
In my view I agree with Judge Chibomba and Munalula when the say, “No one Article or clause can be read in isolation from the other clauses as per some”. Recollect that the constitution must be interpreted in line with the bill of rights. Article 118 (2) (e) which states that, “ justice shall be administered without undue regard to procedural technicalities”. This is also in line with the rules of natural justice as well the all international conventions on human rights.
Should we celebrate from the outcome of the petition? if yes, then what are we celebrating? that justice has been done? That is for you to answer.
CONCLUSION
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality,…
contd…
Sorry, I left out the juicy part….
The petition was filed on Friday 19th August. The following day being a weekend meant that the 14 day period could only start counting on Monday 22nd August. Leaving out weekends as described above meant that the 14 day period should have lapsed on Thursday 8th September 2016. This in my view is the reason why Judge Anne Mwewa-Sitali initially directed as such. It was not guess work. It was based on interpretation of article 269 food for thought.
The Professor is perilously out of his depth on this one. Just read the unsubstantiated claims coming from the Professor of law: ” I know for certain Edgar Lungu did not win the August 11 elections; he did not and he knows it himself”. “Because he did not win, he used the ECZ to steal the vote.” We may ask how the Professor knows for certain ECL did not win and used the ECZ to steal the vote. He must be a wizard of some sort to know for certain from his base in South Africa that ECL did not win and used ECZ to steal the vote. Bear in mind how similar this claim is to that of HH who told us that ECL connived with ECZ to steal the vote. What is more shocking is for the Professor no to even take into account the PVT done by the Christian Church mother bodies and how their projections on…
He is saying so because this prof is a tonga bull, so like 99% of the tongas he is seeing it with the UPND lenses
What is more shocking is for the Professor not to even take into account the PVT done by the Christian Church mother bodies and how their projections on the outcome of the Presidential vote corresponded with the ECZ figures.
Interestingly Even the PF supporters want the same. I will still Maintain my position that People like Prof. and all these Mutatis, Mulongotis, Sinkambas etc should focus on the process of how Judges to all courts are selected and appointed and who should be appointing and ratifying this will be more forward thinking than simply advocating for the removal of the current concourt judges it will still not solve much going forward so long they Keep being appointed by the influence of one person, the President. We cannot keep reacting to Judgments. We should be more interested at the time appointments are made. How can we now be crying after the fact? (as lawyers put it). If anyone followed the interviews of next Public Protector in South Africa it should serve as a lesson on how rigorous our…
Am a bit behind with current affairs. Is it true that HH has now appealed to FIFA over the petition????
I hope you are open minded and not driven by being a member of a tribe. I don’t support any of the camps but what l want is business and Life to be normal by Tuesday next week. We still have another 5 years coming.
He who swallows a complete coconut have absolute trust in his anus – African Proverb
“Because he did not win he used the Electoral Commission to steal the vote. Because he knew what will come out if the petitioner was heard, he would not want the petitioner to be heard as guaranteed for him by the Constitution.”
The moment you see such unsubstantiated statements, there no need to read the article further. What evidence does this i.mbicile have prove his statement? Such rural i.diocy
Investigate the two judges for receiving cattle from HH as a bribe
It is really disappointing when even people you expect to have a bit of CLASS in their approach to issues becomes undeniably coloured by Politics. When UNBIASED approach to National issues is replaced by POLITICAL CADRE-ISM even among a select group of people who are supposed to be the VANGUARDS of our collective INTELLECTUAL CONSCIOUSNESS, then you know you are in deep trouble as a Country. One expects a piece of analysis from a Professor to be ABOVE BOARD—not what we are getting from ours these days.
“I know for certain Edgar Lungu did not win the August 11 elections; he did not and he knows it himself.”
For Prof Hansungule to make such a bold, but factually unsupported, statement shows how far even learned people have hired themselves off to “wako ni wako”politics. He doesn’t even realizes that the example he has given of a Zimbabwean High Court Judge overturning the Judgement of the Supreme of that Country is exactly what his ‘brother’ HH has done by running to our High Court asking it to overturn the ConCourt judgement. Because I don’t see how this example compares with what happened to the Petition in our ConCourt. The two scenarios are totally different. If anything, the example works against the machinations of his Brother, HH!
One can not help but wonder if Prof Hansungule is simply pretending not to know how Courts of the stature of our ConCourt operate around the world. Surely he must know that Courts at this level all operate on a MAJORITY VOTE basis—and the majority vote always wins. Which is what happened in this Case. So what would be the reason to initiate investigations of the three Judges who voted in the majority in this case? Some of these so called Professors are really letting us down in terms of helping build a culture of INTELLECTUAL/LEGAL DISCOURSE devoid of ulterior motives and political leanings in our Country—this analysis is a big disappointment to say the least!
Just a look at the writers name speaks volumes why he is thinking in this line.
You know I have come to agree with those who are saying UPND was denied the right to be heard. But I disagree that it was the Concourt that denied them that right. IT WAS THE CONSTITUTION! It ‘unfairly’ states that the petition shall be heard within 14 days. So sue the constitution. The question we should be asking is why did the authors of this sacred document specify 14 days? Why were they not explicit and excluded weekends? Why such a compressed time line? This should be the debate. Not throwing unsubstantiated accusations about a stolen election. I don’t know if anyone remembers but Hakainde at one point said there were people walking into the booth with their pockets stuffed with pre marked ballots. And I was thinking the only time an individual is alone is in the booth but when…
Tongas just have a problem
He is Tonga. Can we have a lawyer not from Western, North-western and Southern province who can argue for HH/GBM? So far, they are all from the same region or if not, they are already UPND supporters. How can he say that Edgar lost the election without any proof of that?
Prof Hasungule has let himself down by becoming tribal. The ‘Edgar is my friend’ mantra is a tribalism defence.
First Hansungule is Tonga; so you know what to expect from him. He forgets that Concourt also changed its earlier ruling that everything would be concluded on Friday, Sep. 2 to conform to 14 day limit. Because the later u-turn was against his Tonga Party, it was wrong. Secondly, he is an economic refugee who failed to make it in Zambia and now has chosen to play the piper to gain some recognition. A Lawyer worth his salt wouldn’t be hibernating down there in SA; younger lawyers have made right here at home. Shame to you Hansungule who chooses to hide down there in SA instead of contributing down here.
@p. f. fyeekenio:
Contribute to your Anus Habilis, Corruption, and downright lawlessness – no NOT A Tonga Professor; he would rather earn a descent living elsewhere!! HH is contributing but PF thugs are always jealousy of his achievements.
You rat eaters are used to Wako ni Wako, stealing Kawalalas and lwalessness. Mother fuc.kers, imb.eciles and Ar.sewhores!
People don’t read and that is the source of all this. The constitution is very clear on the handing over of power to the speaker, YES it does, but under what circumstances???
I quote
“Any person may petition the Constitutional Court to nullify”
According to this, it means the president was only supposed to hand over power to the speaker if the Constitutional Court had nullified the election. Since the election was not nullified, the president is legally in charge of this country
This is another sick man. Hansungule, if you may know, It is HH and VJ who rigged in Southern, Northwestern and Western Provinces. Your agents went all out to pre mark ballots for HH after chasing away non HH supporters from poling stations. So even the so call professors would deliberately tend to cause confusion in the country? HH only won 3.5 provinces and you expect him to be the winner? HH and GBM invested heavily the rigging software to hack into ECZ computers and this was discovered in time before damage could be caused to the system, and here you are telling people lies!
Its a waste of time being professor especially if you are Tonga kanshi…they look at things through the UPend cadres’ lenses!! By the way what are you still doing in RSA with such shallow analysis? Worse still all old folks likes VJ, Munkombwe and a certain crooked chief in Southern Province are not helping at all, all very useless and like ranting ceaselessly and carelessly so! What’s wrong with these guys ayi?
True another Tonga another complaint!
Professor Hansungule you maybe a lawyer but full of Tonga blood and tribalism. Why should you single out the three judges in this mess leaving out those who supported HH ( A Tonga Chibomba, A Lozi Munalula). In the first place the full bench as you are calling it were not even to entertain an extension after they had told the whole world that there will not be any extension because the constitution does not allow. After that decision there was bound to be divisions. The three were right while the two acted on tribal lines. So to you Tongas justice is seen to be dispensed when it favours your tribesman.
So according to you, he is a fake professor.
You are a useless professor. You are the last person to speak on anything involving the cause of your fellow Tonga. You have never been objective when mentioning HH. Sorry my brother!
I now understand why it has been so painful to HH to lose these elections. He promised many of tribesmen in the diaspora redemption by giving them appointments.
Shocking that a person calling himself a professor can utter such stuff. Making serious unresearched allegations such as he has made cannot be attributed to a professor!
This alone is clear indication that tribalism in Zambia will take time to remove. I am really short of words to describe this professor!
The whole Kangaroo Court was compromised. Why did its president, Chibomba, allow a Bemba PF cadre, Anne Mwewa, to mess around alone and unsupervised with the biggest case this court will ever see? This is the highest level of incompetence and mediocrity in the judicial system. No wonder somebody questioned why lawyers who only ran with property conveyancing were appointed as KanCourt judges.
@Pikidolly nio:
Yes, you and your grandmother are the useless uneducated Ar.sewhores, Mother Fuc.kers, Beggars, rat and caterpillar eaters!! Eat your sh.it alone in thuggery!!
You start with Invesgating Hakashide Humwine and Fat Albert for holding the Country at Ransom and whose been forcing them to Baselessly Petition their
President-elect.
Did they pre-signed some agreements with Foreign Financial Dubious Crooks to come and root our resources in the name of Privitisation deals ?
Zambian mediocrity has been exposed. Judges are not mere time keepers. Judges should run their courts in such a way that all parties are heard and cases are then determined. Unfortunately, ingrained incompetence means judges don’t care for time, in this case Jokester Anne Mwewa refused to work over weekends and evenings but still expected the 14 days not to be business days only. Zambia is finished; it is a sham failed state with the law only used to fix opponents.
@Buck Teeth Lungu
That every society’s brutality and cannibal nature is sustained by a small but vicious segment of society is common cause.
And so today, you have a CJ Chidyausiku who was rewarded for an illegality and yet you expect laws to apply in Zimbabwe. Right here you have a Mungeni Mulenga who is in ConCourt for no other reason but helping Lungu wrestle illegally PF from Miles Sampa. And oh la la, you have his friend Palan who has never sat on a magistrate or judges seat now jettisioned way above all senior judges and is on ConCourt!! Zero experience, former ambassador!!!
As I started, you have many PF corybants that will shout yeah….ifintu ni Lungu, dununa reverse, we want more euro bonds, we don’t give a damn about extra loadshedding as long as we have…
“Edgar did not win the election and he knows it – blah blah blah “. Please substantiate this . Be real and factual tribalist michelo. Hopeless professor
Winning comes in different ways and shapes but its still victory. In the Bible one got the blessing from the father which seems like cheating and the rightful elder brother lost it lost it,,,, He asked for another blessings this time can be through the court, he was told once its pronounced there is no reverse.. Think about it
@Edward: there’s no winning by rigging. Courts are there to address complaints which ordinarily should be settled by violence. If you will not allow the judiciary system to work, then citizens should sort out their complaints whichever they please, include violence or killing their opponents. This is the basis of a failed state like Somalia or DRC.
I know the conjecture in this piece of garbage is mind blowing. Pure tribalist, he does not even hide the fact. Why are these people not pointing fingers at the Concourt president for having made a unilateral ruling to push the hearing to the following week? The best thing the court did was to vote as they did 3-2 not rely on a single judge. I agree that the court should have given guidance to both parties about the time sensitive nature of the case as stipulated in the constitution right at the onset of the petition. Even though the so called learned comrades should have been aware of that. But this should have been settled right from the get go.
Has anyone noticed how Zambians educated and illiterate peddle so many conspiracy theories? I wonder if this is a carry over from our belief…
It’s Concourt President who failed on Friday night by unilaterally deciding to extend hearing. Disregarding its own court ruling early in the week and after weekend recess the full bench insisted to vote should have been normal procedure before she even uttered any Friday decision. Foresee non of the judges involved to move away from Concourt and believe they will learn from this horrible experience.
I thought you were a genuine prof you are feck why don’t you talk about the decision they made on Friday. notwithstanding , pin point the exct poling stations were votes where stolen if any thing alot of malpractice was done in the only 3 provinces were you won .don’t even hide you are equally upnd .zambian voted for ECL nothing wil change wooooooooo
@cb: if there was rigging in the three provinces, surely PF should support UPND in condemning the unprofessional and incompetent conduct of the elections by ECZ and call for a rerun. Clearly both parties think that the elections were rigged in various parts of the country.
How did we end up with these incompetent professors in Zambia? Here is some food for thought. The petition is to be heard within 14 days of filing. At 23:59 pm on Friday 2nd was the last time the petition or any legal proceedings of this case could be settled. At 12 am Saturday 3rd September 2016, anything the con-court or any Judicial branch were going to do would be illegal, as per our new constitution, that we all wanted. I am FDD at this is simple to understand and follow. Now I know why our country is not developing, professors of reading and not implementation are the problem.
This guy failed numerous times at ZIALE.
With the conduct of the KanCourt, clearly Ziale is a useless qualification that does not teach professional conduct by lawyers, unless the KanCourt judges did not get their Ziales. Even looking at Chakolwa’s behaviour, it is clear that Zambian lawyers are pretty raw, just going through the motions of dressing up in gowns and wigs when there’s nothing in their character and training to run the court system.
@ Buck Teeth, that description perfectly suits Hansungule. Notice I don’t want to call him Prof but plain Hansungule becasue it’s a waste to add that “Prof ” thing to his name going by his tribal giberish in his peice of sh!t writing!
This is my observation: It is becoming clear that as long as you belong to a certain tribal grouping, no matter how educated, you cease to think independently. Wouldn’t it be nice for more of us to continue to think and act for ourselves, rather than be under the influence of group-think. If we unshackle ourselves from this self-made slavery, we will begin to make more effective contributions to our beloved country. HORRIFIED!!!
You are right. Just look at the criminal behaviour of that Bemba judge Anne Mwewa! What a disgrace to her tribe OR a confirmation of her tribe’s propensity to steal and slacker and blame the victims.
When I was commenting on the rubbish from that creep Muna Ndulo last week, you remember I said that I was surprised that the other tribal creep was silent. Well true to my description the second tribal creep has just come out of the woods, blazing the tribal language typical of the two creeps wrongly called professors of law when they should really be called professors of tribalism.
Now let me read what the creep has spewed.
Unfortunately, your corrupt and befuddled Bemba brain cannot fathom justice and fairness. Either people should line up and support your crookedness or you are justified in robbing them while insulting them.
STOP MENTIONING BEMBAS, AS THERE IS NO BEMBA AS PRESIDENT OR VICE PRESIDENT! LEAVE US ALONE YOU LUNATIC HATERS!
The ONLY Thing tribal about the discourse here is the “identity” of the Person – please ALWAYS desist the temptation to equate WHAT a Person says and does with their genus! If you don’t believe it try to ARGUE with a Gorilla or a BULL for that matter – you’ll LOSE TERRIBLY albeit your life! This sh!t of anteriorly jumping at tribe first became EXTREME after MCS FAMILY FOREST MUSHROOMED i.e. after zambia’s 9-11! Yo wasting yo time if you think the Profs or any sane Blogger here will answer you on the BASIS of their tribe ab absurdo – get out of the kitchen if it’s too hot for you:
ZAMBIA ABOVE ALL ELSE, FORWARD !!
What an over-hyped and emotional response. Mushipeisque in tone and content. Ndulo`s response is at least rational but Hasungule is merely ranting and prooves that the 2 professors are worlds apart.. Is your objectivity clouded in any way by the 300 heifers HH sold you at great discount a couple of years ago? (your own admission in the Zambian Watchdog). And BTW? you can learn a thing or 2 about rationality from how the General (Miyanda) presents his ideas on issues whether one agrees with him or not.
Instead of insulting the prof battle out using points.Bembas all you know are insults and stealing.Your time will come to leave our country.Go back to the highs of Chipata and mbala and catch monkeys,Finkubala and Rats.Leave us in Peace in Barotseland.
@UK for Zambezi rep, Bembas keeps busy ai? How do you know if the one who posted was bemba or not? Your hatred for Bembas I believe is demonic, more than the devil itself. Besides Zambia will never divide. Put that in your thick head. The people you claim to be cousins with you from NW province are actually more related to Bembas of Luapula and Northern than they are related to Tongas or Lozis. Zambians have been living in peace for 52 years, have worked on the CB in lambaland. If you are disgruntled get a British citizenship and leave us forever.
@Foloshi: give us a break! You same rats diss Gen Miyanda every time he writes an article and gives his personal opinion. Now you prefer him to Hansungule? You are sick. You are the same Bemba idyots who claim that they would vote UPND if Mazoka was still around, and yet they never voted for him when he was alive. What manipulative hypocrites!
SOMEBODY NEEDS TO FIND OUT WHO THIS BACK TEETH LUNGU IS? HE SEEMS TO HAVE A PATHOLOGICAL HATRED FOR BEMBAS. SUPPORTERS OF ECL ON THIS BLOG INCLUDE PEOPLE FROM ALL 73 TRIBES OF ZAMBIA. WHY THEN DOES THIS BUCK TEETH LUNGU ALWAYS INSULT BEMBAS? I HEAR ALL TONGAS ARE VERY UPSET WITH BEMBAS FOR NOT SUPPORTING HH IN NORTHERN AND LUAPULA PROVINCES DESPITE HH GIVING GBM THE VICE PRESIDENCY IN UPND. BEMBAS DON’T VOTE FOR TRIBE THEY VOTE FOR A PERSON THEY COLLECTIVELY TRUST WILL BE GOOD FOR THE COHESION OF THE COUNTRY. IN THE LAST ELECTIONS ECL AND IMW LOOKED VERY STABLE AND TRUSTWORTHY COMPARED TO HH AND GBM.
PLEASE STOP INSULTING BEMBAS AS NOT ALL BEMBAS ARE THIEVES. I KNOW OF A LOT OF LOZIS AND TONGAS IMPRISONED FOR STEALING.
If this article was genuinely written by Hansengule then, I am afraid it will take a very long time for the south to produce a president. Even the most elect are tribal! I can’t believe Hansengule and Ndulo are educated and know Zambian politics. They must have been promised very senior positions by their failed leader HH, hence the disappointment. What we need in this country is to introduce electoral college votes. This will ensure that no one wins presidential elections by merely winning two or three provinces. In addition 50 plus 1, let the winner also have the highest number of college votes. Each province should be allocated college votes depending on population size i.e, Copperbelt can have 10 while Northern can have 6. This will ensure that the president elect is representative…
Very wise coz that will be proportional to the population of any given population of Zambia.How can someone win with 3provinces out of 10 and think its a true representation of the will of All Zambians.
Excellent, we can’t have a president elected by 3 out of 10 provinces. This should be included in the constitution as a matter of urgency
danielle, you lack basic understanding. Elections are won on numbers not provinces. that is why PF stole numbers to win.
Instead of probing the three judges it the president of the con court who should resign on moral grounds. She unilaterally made the decision to extend the hearings without legal backing. Now the professor goes for the good judges?? Shame
I think they call it vested Interest, for lack of a better word. It is a cancer and a dangerous disease that strikes us all at one point or another and creates a huge blind spot in our quest to objectively analise issues. We are mere mortals, after all. This certainly justifies Cosmo Mumba and Chishimba Kambwili’s PhD.
Here we have an entire Professor, with an added advantage of wisdom that comes with old age falling victim to vested interest. But again if you are a professor, your earn the right to say whatever you want as they say. However credibility and common sense has nothing to do with titles.
Continued…
This is the type of education that the Great Chief Chitimumikulu laments in most of his writing about our people. One person I have come admire and appreciate is General Godfrey Miyanda. If you were to compare his writing and argument formulation, you would think General Miyanda is a Professor of law and not this man.
Anyway, lets look at this man of letters’ ranting before us. As an academic, there is no doubt the learned professor has reviewed several academic papers journals and conferences and making or formulating an argument should be second nature to him. The key skill needed in formulating an argument is to show appreciation of both sides of the issue. This is something we were taught from as far back as grade 8. The learned professor has not demonstrateed that in this case…
This is something we were taught from as far back as grade 8. The learned professor has not demonstrateed that in this case. Which is sad really.
The other side has plausible grounds. I have not seen anybody convincingly deal with the expiration of the 14 days issue. Prof Ndulo, who attempted, did a terrible job of it. He just glossed over it. There is also the issue of amending the petition by UPND. Why, when they said they had a tight case from day one. Could it be that they rushed to file a case to just meet the petition filling deadline even when they had no evidence? This is a plausible argument. What part did UPND play in not executing the case withing 14 days? Surely they did play a part. This is the other side. They thought 14 days meant 14 working days.
Surely our learned Professor cannot just rush to SADC and AU and ask them to SUSPEND Zambia without looking at the role UPND played in this whole mess. This is what I call being blinded by vested interest. For the record, and factual record for that matter, Parliament is the representation of the people and PF has a clean sweep in 7 provinces!!! Surely this can’t be stolen election again. And the use of the phrase stolen election, a phrase from HH, clearly shows where the vested interest of this learned professor and man of many letters lie
I’m MMD Chief Bootlicker , I have no Dog in this fight and I rest my case.
The issue at hand is that the Petetion has not been heard and the Petetioners’ rights have not been heard in reasonable time. Even if Lungu goes ahead with the swearing in the process is Null and Void. Concourt has not declared the Winner of this election so Lungu is an illegitimate President and must be sanctioned by the International Community. Not even the likes of IMF and World Bank can finance an illegitimate Lungu Regime. Lungu has started what he cant finish. The war of Legitimacy has just started and the economy will sharply decline and u will have social unrest in Zambia. Lungu will find Zambia ungovernable. Visionless Lungu cant see this coming but the writing is on the Wall.
Shallow observation bakamba, the ConCourt cannot declare one winner of presidential elections in Zambia, it is the preserve of ECZ. So just go back to the drawing board and make yourselves relevant to the Zambian cause, you cannot win elections through courts of law. ECL has won this time around, period. Let your HH just start campaigning for 2021 he stands a chance.
Shameful contribution my professor, you should have argued your case by looking at both sides of the coin and come up with a logical conclusion. Very shameful indeed, I am sorry for you. Democracy is about numbers and ECL amassed a large number compared to your HH and so he won, period. So whether petition, ConCourt or your biased writing, the people of Zambia have spoken, a larger number need ECL as President this time around, chapwa
aNgulube I remember ”someone” telling you that you are the only remaining dull man in the East after the wise men left. Declaring one a victor in an election is purely a preserve of the Electoral Commission of Zambia. I think this is where you guys got all wrong when you hurriedly went to file in that petition! You thought the ConCourt would declare YOUR HH a victor amidst your unpreparedness, right? How wrong you, the likes of Ndulo and brainless Hansungule were! No wonder you keep running from one court to another like a second grader who has forgotten his class on his second at some new kindergarten. Come off it, go face up and tell your sympathiser to prepare ”Dundumwezily” for the next elections!
@MMD Bootlicker, Cosmo and Kambwili stand out indeed if this is what…
I have not read the whole article, but from the headline why should they investigate the three judges who refused to go ahead with petition and followed the constitution. Is it because HH your favourite was not heard. I am not a lawyer but it is common sense
Mbulutati don’t expose your ignorance in public.Its the chief justice that declares the winner as president not even in Chulu (ECZ) and The chief justice has not done so ,the question is how will Lungu be inaugurated?
UK for Zambezi rep – You are living in the past — The Chief Justice is no longer the Returning Officer.
UK for Zambezi rep, the previous constitution had the chief justice as returning officer as well as swear in the president. In the new constitution you have failed to understand, it is the ECZ commission Judge Chulu who is the returning officer and he declared ECL as president-elect of the Republic of Zambia. The chief justice will inaugurate the President-elect on Tuesday after delay due to the UPND petition which has now been discharged for lack of jurisdiction to be heard! Please read the new constitution and stop rumbling and ranting!
I have now read, wow what a shame! The creep does not even know that the deputy chief justice is Marvin and NOT Amuusa Mwanamwambwa, can you believe it!!!
True to the saying, education failed to remove the village out of these creeps. Can’t they think without their tribe these creeps please???? Just listen to Professor Mvunga, not a sign of tribal readoning when he is talking law. If they had solid evidence, why didnt they present it the first week and case would habrve been closed. Why miss the opportunity to prove your case and sikence the critics the very first day? What does the creep think about the 14 days and the misinterpretation of a clear case by Judge Chibomba? Why does he think the Concourt judges decided to vote if they all agreed that they cannot reverse “their”…
Shameful contribution my professor, you should have argued your case by looking at both sides of the coin and come up with a logical conclusion. Very shameful indeed, I am sorry for you. Democracy is about numbers and ECL amassed a large number compared to your HH and so he won, period. So whether petition, ConCourt or your biased writing, the people of Zambia have spoken, a larger number need ECL as President this time around, chapwa
@Terrible: you are also hopeless. The Deputy CJ is not Marvin but Mervin Mwanamwambwa.
So this creep can’t reason beyond tribal thinking.indeed ubu tonga bulwele.why is majority but not all of this tonga fools failing to see things with clear perception.
When I saw the Title of Professor I got excited
When I saw the name Hansungule I was even more excited because it is synonymous with the Institute of Human Rights at the Prestigious University of Pretoria
When I read the opening sentence of the article it was all motivating
But as I went on, I was shockingly disappointed
How can an entire professor fail to reason?
How can an entire professor turn himself into an EDUCATED ILLITERATE?
This issue is more dangerous that we first thought
It is the educated and the rich who are disturbing our ONE ZAMBIA ONE NATION PHILOSOPHY.
Hansungule has really disappointed me.
I bet he never even voted.
Your One Nation as long as it is dominated by Bembas and their surrogates is not sustainable. Your incompetence and your intolerance will be your downfall. Your injustice against the minorities will cause a spark that will engulf your beloved kleptocracy.
Iwee Buck Teeth Lungu Mufwinya obe! Leave us the Bembas out of your demented tribalism. There will be no war in this country as our institution of law and force (ZP, ZAF & ZA) would handle any silly disillusioned terrorist from any corner of this country with great capabilities.
Stop threatening us you lousy bitter mongrel!
Useless professor
We do not want a regional president or a leader that only appeals to his tribesmen. HH is not presidential! If UPND wants to win presidency, it should find a leader who is electable and not tribal. Mazoka was that kind of a leader. If you still insist on a Tonga president, then try Andrew Mazoka Jr. because he has demonstrated that he is not tribal by marrying a Bemba woman.
Here they go again. African professors useless good for nothing.
It is very important to shut your mouth and keep quite when you have nothing concrete to say. This so called Professors are a waste of time. HH lost this election. You don’t win elections through petitions. Let the people vote you in office. Its not rocket science to know that 7 is greater than 3. HH won in 3 provinces. It also doesn’t require a degree to know that 55 MPs for HH is less than 85 or so MPs for ELC.
Even by his own standard this is pathetic. Tribalism is sprouting out of his ears. What a professor!
Tribalism doesn’t spare even the professors. Look at all of them whose name starts with H. Speaking the same language all of them. I am not a lawyer but I think that the likes of HAKAIVOTELA Humwine and cohorts have ceased to be objective. There’s no eed to investigate any one of these honourable judges. They acquitted themselves well despite A few inconsistencies. A divide is allowed in our law. They votted. It was 3 agaist 2. This went s long way in correcting a wrong done Friday midnight .HH and GBM and your mouth piece ZW please give us a break and try 2021. At the rate you are doing things you will lose some sympathisers because you are clearly showing you do not have the character of a leader. You lack patience and humility. You want to force yourself on the people of Zambia…
O Tongas ni bafi.kala Sana. That’s what u get fo memorizing books instead of understanding the subject. Ati professor, even these honourary Doctorates they dish out freely seem to make sense. This so called prof must b sent Zim were he belongs (they r just separated by a river, after o).
I am afraid HH will never win an election for as long as Hansungule types continue to fish generous excuses for him. The fact is, the UPND defeat (aka PF victory) was predictable. Those of us in the komboni easily foresaw the outcome of the vote through our daily interactions in mini buses, market gatherings, etc, and the mood pointed to a PF victory. For sure the rich guys like Hansungule who do not live in the thick of the population pile only enjoyed some flimsy interaction with the populace at Manda Hill and on social media. So they had no luck to gauge the mood of the nation, hence the shock and the witch hunt. The earlier the Hansungule kind rouse themselves to the truth, the better they will improve HH’s chances.
True, that because when you interact you don’t discuss issues but tribe. Honestly why would a person vote for a party that has taken us backwards?
What is it that Lawyers do to make money. Most of them shortly after graduating start driving posh vehicles.
They are mainly jam packed in the city of Lusaka.
Doctors, Engineer’s and other hard working professionals find it so difficult to break through in Life.
BUT THIS ONE TELLS YOU WHAT LAWYERS ARE GOOD AT TO EXCEL QUICKLY IN LIFE.
@27 apparatchik, lawyers are all thieves that is why Mr bean in his comedy grouped them together with thieves at judgement day in heaven, they are actually the ones advising HH wrongly so that they continue plundering his wealth, and because he so F0olish he has fallen for it.
Kikikikikikikikikkikikkkkkkkkkkkkkkkkkkkkkkkkkkkv ba Professsor…kikikkkkkkikikikkkkkikkkkkkkkkkkkk awe mweeeeeee. Relax Prof and Enjoy your day
Never read it just after seeing the name. That is why zambians should avoid choosing tribal leaders. If HH had won these would have been his advisors. Imagine what Zambia would become. HH lost for a purpose. HOW CAN ANY SANE PERSON HAVE GBM AS RUNNING MATE? EVERY PERSON KNOWS HE IS NOT PRESIDENTIAL MATERIAL.
This kind of self embarrassment is like wetting your trousers in front of your mother in law.
Look at the inconsistency of his argument. He uses the example of the Zimbabwean high court judge who “overturned” the supreme court judgement. But that is exactly what Kalusa is doing, good that even this creep Hansungule has seen the nonsense. Unfortunately due to tribal thinking he misapplied the example to refer to the reversal of Concourt decision, totally unrelated. University of Pretoria, you mean that you keep such fake material on your payroll? And when he comes back to Zambia he wants to be at the top of our public universities, if not appointed he will cry tribalism!
I take a break but I am coming back later for the creep, believe me.
Why not investigate the two judges on other side as well, ba professor?
Any one without at least a first degree should stop commenting please.
I am very proud to hold a Grade 12 certificate just! After reading the rubb!sh from the so called professor am done with school!
Prof is correct the rest of you commenting against his words are thinking using your neck and the reason you are not learned because you have selfish dirty minds. this is Zambia there is no justice without being heard, one day soon or later all of you will want this right to be heard, keep misusing your mouth without thinking soon or later you will feel the pain of your dirty minds.
Professor Hansungule, kikikikikikikiki
Loving people, let us just pray for mother Zambia and avoid all these theoretical interpretations of the elections petition. You know 1 + 1 = 2. Two(2) is the answer and you can not question this. But 1 + 1 can be questioned by some of you to say it is 1 + 1 = 11 or 10. Theoretically, you can prove this but practically you can’t because two(2) is the only answer.
This Tonga Professor does not make sense at all! The truth of the matter is that his brother, hh was given an opportunity to be heard in line with the principles of natural justice! However, the chap blew up that opportunity by raising unnecessary preliminary issues which consumed the time to hear the substantive issue! What then is this fake prof talking about?
Let’s be very careful with these losers because it imperative to realise that they all have one silly agenda to try and force their tribal leader to lead Zambia.
Just in case you doubt our asertions, just go back in time and see the relationship between this fake professor and M’membe. You will realise that it’s M’membe who because of obvious and known reasons is at work to fight the battle him and UPND already lost. M’membe was promised the Post paper would be reopened by HH despite M’membe stealing from the country treasury.
Another important point that many should know is that Sangwa John, the so called lawyer is not Zambian, he is from the Democratic Republic of Congo. I seriously ask the investigation wings to prove this as it is a well known fact of the Sangwa’s country…
Prof. You went into academia after failing Zeals beyond the prescribed attempts. You have exposed yourself and confirmed that those lecturers who marked your courses and gave you “f”s and prevented you from taking your half baked knowledge to the bar were right! Are you sure under the scenario of achievement of 50+1 in the first ballot warrants the speaker to step in when there is a petition? Read the provisions again! I wonder what type of graduates are being churned out under the care of somebody who could not even finish the due course to become a lawyer! Lastly, stop patronising ECL! He was never your friend and neither does he need you now! Go back to campus and records are there to show that while you and Winterbourne Kabimba were “c” students, ECL used to be an “A+”. You…
The only way I can rationalize this article is to take it that the author is not writing as a learned professor but as a hopelessly biased cadre with deeply vested interests.
Mwebantu sure! Just because he’s Tonga he should not speak on a subject he’s conversant with? Are we going to be tying everything to one’s tribe before contributing to a certain topic? No Zambians, we should not be living like this. Let’s not divide our country please. Let’s live as one people. That’s why the President-elect in one of his Sunday worship services said that only when it comes to politics do people bring in tribal issues. And I agree with him because we have seen a lot intermarriages in this country, in workplaces we are one, in soccer we are one, in commemorating state functions we are one but why can’t we be one even in politics?
you fake and stu-pid professor just know that you are one of brats those that have no mind, you dont think at all. you want to west the time we were waiting for you fu
Just looking at this Hansungule kwati chinyau.
Real and majority Zambians, as you dress down these tribal charlatans and carbals please don’t forget to take your green and white dress code to the laundry, the day is Tuesday 13 September 2016.
Wina Hazalila!
Cont
Just ask anyone old enough from Mufulira about John Sangwa and you will know what we are talking about.
Our country has lost so much in terms of investments and development just because of one man’s (HH) agenda to reap and ransack Zambia with his friends he has auctioned our country to.
President Lungu won as per our constitution with over 50%+1, the ConCourt ruled on what is clearly stipulated in the same constitution and now we see the same HH refusing to respect the supreme law if the land and now abusing our courts, what’s all this nosense? Are we too dim or something? The answer is, let HH not push us too much because we got work to do under the legitimately elected President Lungu otherwise we can be too swift and very dangerous if HH and M’membe are not checked.
Sela tubombeko! We have wasted enough time as it is! You are making a living where you are and you want us to waste time on an issue that is very straightforward. Are we going to eat you, ala!
When U do bad things to others like;
Stealing votes.
False justice.
Murder.
U will have bad luck because God is watching!
The least one would have expected from Hansungule in this article is tacitly hide his tribalistic inclination being an academic of high standing that he is.
But unashamedly he announces to the world how a proud tribalist he is.
kwena naikosa to some tongas.They can’t believe it.They are saying better without a president if HH won’t be declared a winner.Do they think they are only pipo who vote?Kwena this HH has brainwashed them such that they only think about HH and themselves to rule Zambia.Now i see that indeed some of these chaps are tribalists and can’t be even ashamed.the same pipo from one province pushing HH to coup th govt.we can’t allow to be ruled by a loser.winning ni ballot paper ba Hasamufini.
ZAMBIA IS NOW A FAILED STATE. CORRUPTION EVERYWHERE. ELECTIONS WILL NEVER MAKE SENSE UNTIL THE WHOLE SYSTEM IS DEODORIZED. LEADERSHIP IN CURRENT ILLEGAL GOVERNMENT, MILITARY, POLICE, JUSTICE SYSTEM, RELIGION ALL KEY GOVT DEPARTMENTS. JUST HOW WILL IT EVER MAKE SENSE TO BE SINGING PRAISES ABOUT OUR ‘DEMOCRACY’ WITH ALL THE IRREGULARITIES? ZAMBIA, WITHOUT ANY REVOLUTIONARY CHANGES TO THE AFOREMENTIONED WINGS, WILL NEVER EVER EVER EVER HAVE FREE AND FAIR ELECTIONS. ITS A WASTE OF TIME.YOU CANT LOOK FORWARD TO THE 2021 ELECTIONS. ITS USELESS.CRIME HAS BECOME A PART OF LIFE NOW, AND THERE ARE HORRIFICALLY LARGE NUMBERS OF PEOPLE WHO SEE NOTHING WRONG WITH IT. THE WHOLE COUNTRY IS NOW A CRIME SCENE.
This is the final reminder to zambians to bury wamuyaya-syndrome – the quest for autocratic democracy, a figment of dictators greedy imagination. The healing has to start now – just look how long poor Zimbabwe has taken to make a nuance of NO MORE BOB: 36 years ! No one will play this out for us, democracy is best HOME-GROWN and God blesses those who help themselves; even the blind, the deaf, and the ignorant He loves them still. NO COMPROMISE, NO CONSTITUTIONAL CEASEFIRE – ZAMBIA ABOVE ALL ELSE, FORWARD!!
Those with scars from their fight for a godly and JUST world, without malice for their enemy and NOT bigots, demagogues shall become heavenly and ancestral anointment; THIS IS OUR COUNTRY , WE WANT IT BACK, IF NEED BE, SCORCHED – FORWARD !!
STUPID PROFESSOR, YOU LEAVE OUT CHIBOMBA WHOSE HUSBAND IS A TOP UPND OFFICIAL AND HIS SON IS A BRANCH UPND LEADER, AND YOU CALL YOURSELF A PROFESSOR. IF PEOPLE LIKE YOU CAN CONTINUE TO HOODWINK POOR HAPLESS TONGAS, THEN THERE WILL BE NO END TO THIS BITTERNESS. DO NOT BE ECONOMICAL WITH FACTS. YOU ARE 3000 KILOMETRES AWAY AND ARE RELYING ON TWISTED INFO FROM ZWD. IS IT NOT VEXIOUS FOR UNDER FIVE TO COMMENCE AN ACTION IN THE HIGH COURT, AND GO START THE SAME ACTION IN THE CONSTITUTIONAL COURT? YOU CHAPS ARE THE MOST CONFUSED OF ALL CITIZENS IN ZAMBIA. GO CLEAN YOUR ARSE.
And the great philosopher Socrates once said, and I quote, “The only thing I know for sure is that I know nothing”. Could this be the fallacy with Prof. Hansungule?
You are a serious joker and a lunatic to say the least ”professor”………..its those two judges who were almost breaching the supreme law of the land who should be seriously investigated….Chibomba and Manalula!
Tribalism will NEVER take you anywhere
Ati Professor, you cannot even justify your claims, If I was PF i could sue you for your careless mouth! That is why you so-called professors have been a let down to Africa, not just Zambia. you have failed to run our Higher learning institution because your education is questionable.
I will make sure I DO NOT attend any classes conducted by this fake tribal Professor. How does one win with 55 MPs and how does one lose win 85 MPs. Mind you our voting is partisan. It is shameful for a Professor to raise issue on a narrow and compound mentality. Read the constitution and by the way IT ALLOWS ECL TO PARTICIPATE IN 2021. You are in trouble
An election is won in the ballot and NOT in the baby court or any other courts….kikikikikiki. Am sure you positioned yourself for some Judiciary appointment. Chalo chafikonko! Bola naikosa
Moribund and rigged polls MUST be NULLIFIED = RERUN, get that in yo thick tribal-based head masquerading as deep thoughts 🙂
An intelligent argument should start from interpreting the 14days in the constitution. Number 2 approach is not to think who should win. The dull professor is thinking in Tonga. Chipuba kumona fye napamenso
It’s a divided country; divided along tribal lines. Most of the bloggers sound just as shamefully tribal as do those they stigmatize.
Talk about the kettle calling the pot black! Look at you Meimawhatever!
HH has a right to be heard. The ConCourt hasn’t allowed him to be heard because of a “technical glitch” in the constitution. There was a lot of malpractices surrounding the election of Lungu. It would be interesting to hear the evidence UPND has. What’s wrong with that?
@56 Wantanshi. The answer is simple: Halusa Hagain (HH) was allowed 14 days by the constitution to give evidence of rigging. He never did but instead was wasting courts time with silly preliminaries. Do you get it? If not then go to Chainama for treatment.
Get serious iwe! The chap was given an opportunity to be heard but he blew up that chance by raising useless preliminary issues. Get that to your thick head! If exam is one hour, its one hour and you can’t go beyond.
@38 Take it like what happened in the election any reasonable Zambia can deduce something. But to say “votes were stolen” certainly calls for someone to be insulted. That should have told any one to say just a bit of work I can manage not to start imagining things.
Very Rubbish Rants from a biased lawyer. Why are you not talking about the 14 day ultimatum and the ruling by the same ConCourt that hearing would end at 23:59 according to the constitution? Please be objective than biased in your analysis. Shame on Hansungule…shaaa.
at least tell your kin to stop wasting high court time with Concourt decision like you accidentally referred to in Zimbabwean case.
HH did not win the August 11, 2016 elections instead he tried to win in Southern, Western and North-western Provinces through the Dundumwezi formula. Prof. Hansungule, what facts do you have that your brother Hakainde won the election? Mind you, Tuesday 13th September, 2016 is inauguration day for His Excellence President Edgar Chagwa Lungu and the running mate Mama Wina. We don’t want time wasters in the process.
The courts of law should not only be called fair when they rule in one’s favour but also when the outcome is not what you wanted. Everyone has human rights but your human rights should not infringe on other people’s human rights.
Tribalism has started in Zambia. The country is broke and has no coffers to steal from even for those in government. I am sacking all the undesired tribes in my company. The lazy tribes who have not worked for anything up to now will wither out and die. The time for reckoning has indeed come to dununa reverse all the ones who didn’t make hay whilst the sun still shone. This is the Zambia you desired for and now fasten your seatbelts and condoms.
Just because the majority of Zambians did not vote for HH? Pray, tell me when is it that HH was given the God given right to rule the country at all costs? If anything his current stance makes some of us relieved that he is not the President because there is no way HH would have relinquished power if he lost an election, he would instead have behaved just like the Mugabes and Musevenis he so often criticises.
A question for my learned friend Mr INTELLIGENT, article 103(2) as you have stated says the CONCOURT shall hear the matter within 14 days of the petition being filed. My interpretation as someone who is not a lawyer is that this article sets a time frame in which the court must hear the petition, however it does not seem to state that the matter must be finalised by the court in the same period. To me is seems to suggest that the cost can hear the matter from any day from day one to day fourteen. Your clarification on weekends and holidays is insightful. To me this is one of many articles of the new constitution that was badly drafted. It therefore is a surprise to me that the very court that should help interpret and correct such inconsistencies is the one that just added more confusion…
@63 Tekton. 14 days means 14 calendar days. Just as 90 days of Guy Scott acting as president after the death of late president Sata meant 90 calendar days. Stick this into your thick head.
@ Pompi, some of us are more interested in intellectual arguments than name calling. There is no way in article 103(2) where it states 14 days is calendar days, so your point above is does not make sense. By the way its people like you that are reducing this forum into a joke. If you are so blinded by who wins or not and not look at rights of Zambians have been abused in this whole process. Why do you thing there is such wide spread condemnation of CONCOURT judges from both sides. If you have judges who contradict themselves from day one and make what contradictory ruling after another in a few days, that is enough to warrant Zambians to ask are these Judges just incompetent or are they politically compromised such that they are unable to defend the constitution.
It is the blatant stupidity and arrogance exhibited by this professor that will make Zambians think twice about voting anyone from his region for the Presidency in future elections.
prof hansungule if the people will not riot on the inogulation day in order to stop the illegality no police can arrest those judges I can asure u that most if not all police are cowards who even scamper when a PF carder farts
The Judges didn’t stop HH from presenting evidence from 20th Aug. All he needed to do on 24th Aug was to call his first witness Maureen. Maureen told us on fb that she discovered some ballot papers in a bin. She is Lusaka based so why didn’t HH call her.
Kateka ni lungu
Imbushi ya proff
Please Mr. HH why are you doing this? You are behaving a like a woman who has no remorse and is hell bent on destroying another woman’s home (marriage)…. Heartless!!. In your quest to achieve your goals , please don’t destroy the innocent and the nation as well. Mr. Edgar Lungu , i voted for you and want you to carry on with your job, therefore,please assists these Judges in any lawful way you can so that they give the final verdict to Mr. HH as he desire to hear. Since he says things cant be left hanging.
If the Judges say we go back and VOTE.THIS TIME,WE WILL VOTE FOR YOU MORE THAN THE DUDUMWEZI STYLE. SO THAT MR.HH CAN BELIEVE THAT PRESIDENCY IS REALLY NOT HIS CALLING ,BUT ADVISER TO THE PRESIDENT ON HOW THE AFFAIRS OF THE LAND SHOULD BE GOVERNED..
In the scheme of…
In the scheme of things, Mr. President elect be greatly thankful to God and completely ask him to help you and your cabinet govern this land and its people because the 5 year road will not be easy.As you have seen for your self. Those that are against you are many and have OPENLY BEEN REVEALED. ITS VERY GOOD THAT GOD HAS EXPOSED THEM IN ADVANCE, BECAUSE HE WILL HELP YOU KNOW HOW TO HANDLE THEM.. LET GOD LEAD YOU AND YOU FOLLOW.KING DAVID, MOSES AND JOSHUA STYLE.
THE CONSTITUTION IS A WHOLE! It follows that its INTERPRETATION MUST INCLUDE ALL RELEVANT ARTICLES = THIS WAS THE VIEW OF CoC Chair and IS INCONTROVERTIBLE !!!
Get that into yo heads bane, ZAMBIA ABOVE ALL ELSE, FOWARD !!
The Three Masqueraders of the Monday Constitutional Calamity MUST BE HELD ACOUNTABLE( TREASON ), they willfully FACILITATED the ATTEMPTED CONSTITUTIONAL COUP to the EXCLUSION OF 2 Judges who had CORRECTLY INTERPRETED THE CONSTITUTION, basta !! 🙂
ALL perpetrators must realise it is still an ATTEMPTED COUP, IF THEY FORCE THE INAUGURATION TREASON WILL CRYSTALLISE, THEN GOD WILL FORSAKE THEM…this Thing is bloody SERIOUS bane, this IS Armagaeddon 🙂 FOWARD !!
So the correct interpretation is yours right????
@71.3: The constitution of your yody is a summative interaction between ALL your VITAL organs and so a singular organical DIAGNOSIS would risk Rendering you to the Reaper – QED 🙂
ANYTHING WITH HHHHH, IS BAD, HATRED, HATERS HEARTBREAK, HACHINGABALA, HELL, HERION, HULE, HALUCINATION AND MANY MANY MORE
Kikikiki kwena people you can talk ati prof of tribalism.
Why investigate the three judges who did a commendable job of upholding and defending our constitution than the two who wanted to w_rape it. If this 1diot masquerading as a prof could talk like an academician he would have commended the three judges. Does he even think that if the hearing was going to go ahead that would have been unconstitutional? As a prof as he claims to be he was supposed to argue the time limit set by the constitution professionally unlike the tribalism tone which has come out of his dull mind.
This is a very good well presented piece of information.At least some good information from Lusaka times. I do not need to be a CC judge to notice the unprecedented electral irregularities ranging from presence of an intruder in ECZ restricted room, ballots being trashed in bin, conflicting numbers of votes for one candindate more than the total number of votes cast.How can Anybody in their stable right state of mind call this election free and fair!! This is a shameful mockery of people’s democratic rights. This kind of selfish greedy behaviour has seen Zimbabwe to her knee. Is the 14 day so important than Lungu’s handing over power once the petition wa filed in. Are they not both in the constitution? Is one more important than the other? This is ba KAPONYA behaviour which should…
Hear!Hear!!
PF should clean choma provincial admstration office which is making them unpopular.The work of these officers now is to have meetings every day to plan how to steal.Us junior officers in departments are not funded but the bosses are paying themselves every day.There is one woman at planning unit who has been in the province for 18 years now plus who is bad news at stealing conniving with the guy in charge of government money.
Hmmmmmmn katole iwe sit down. Just kill yourselves mwe fitonga imwe
A professor is always held in very high esteem but not when he reduces himself to the level of a polarized cadre like that. How can the professor claim that the Lusaka vote was blatantly rigged by PF?. Does he truly have evidence? I don’t think so because he is merely relying on baseless allegations by UPND. Can the professor also claim that the Dundumwezi vote was blatantly rigged by UPND?. NO! There was no rigging anywhere. In fact the system in Zambia makes it literally impossible for anyone to rig elections. It’s a pity our dear professor has never been a polling agent, he would have agreed with me. Please prof. you have a duty to guide the nation in the right direction and not to set our country on fire for no reason please please please in the Name of Jesus Christ. Amen.
@Jack – what sensible and wise words…!!! “In fact the system in Zambia makes it literally impossible for anyone to rig elections”
Jack if anything this Prof should have challenged upnd to explain why they failed to produce the overwhelming evidence they had at the disposal. It seems none of these so called learned men are holding upnd accountable for their failings, why is that? Be objective in your analysis prof.
Some of us have married in Tonga tribe so mind what you say you satan’s kids….
I thot 4 once that we’ll get an analytical view rather than a cadre view frm th prof. Surely, his views are profoundly respected but they lack substance. I fear that our learned pipo are only a bunch of resounding empty drums who cannot contribute to good governance of this nation by clear analysis of governance issues better still the constitution. Why shud he demand investigation of only th three n nt the entire bench? Who says those who voted yes were right at law n those who voted no were not.
Why not investigate the other two judges prof. They decided to vote and your mate got two out of five. Would you have called for investigation if HH got three out of five. Mulesabanya education.
To be honest, I feel embarrassed to be educated. The professor’s analysis of issues puts him in a very disgraceful position, meaning he has nothing to show for what he has purportedly acquired. What a disaster!
What difference does Professor Michelo Hansungule himself make from the Constitutional Court judges. Its a question of black kettle calling onother black. He is hiding his UPND caderism in his Professorship. The man is biased against Lungu through out his article which demeans the status of a Professor who is supposed to be impartial & advisor to all professionals, govt & this behaviour makes it difficult for GRZ to consult experts in their various fields because they are all compromised than judges themselves. What was UPND waiting for to spill the beans for 14 days, until the case was closed. This kind of thinking that its only candidate from my village/province who qualifies for the job or president is dividing the nation, the way all professors/lecturers have come out to destroy peace…
This kind of thinking that its only candidate from my village/province who qualifies for the job or president is dividing the nation, the way all professors/lecturers have come out to destroy peace using their pens & qualifications. If you have evidence the way you are bragging, why not petition the Court to halt inauguration & order a re-run rather than campaigning for divisions in the country. Its your constitutional right if you have evidence but not wasting courts time. Didn’t UPND & their learned lawyers know that the petition was fast track case which was sensitive to time. Are you better than their learned lawyers who abandoned the case.
@TRUE ZAMBIAN AR.SE, ID.OT:
Yes you have said it yourself: “the way all professors/lecturers have come out to destroy peace” – which peace do you mean? We are NOT as stupid as You and your grandmother are. Do you think all these professors are wrong and only YOU and Your Grandmother are right! Mother Fuc.ker! Get it down right in Ar.ses that you don’t own this country and don’t expect us to take that sh.it from you rat eaters!!
An educated professor reduced to a political cadre of UPND…Please spare us..Do not misuse your big title. Only educated African professors make a fool defending what even a baby can see. The elections got rigged just after he has won Southern, Western and N-Western. Lets be real winning presidency from 3 provinces out 10 and a professor says he won…Not even winning in his own bedroom and you say the ECZ gave ECL votes, let us be serious as Zambians. Is professor saying the PVT from the Church mother bodies was wrong and that they were part of rigging? Shame on the professor..Has he been to Zambia? Stay in South Africa because you are a danger to society. Zambia does not need you…Intellectuals in Lusaka, Ndola saw no sense in the 10 points of UPND but only villagers understand that…
People don’t read and that is the source of all this. The constitution is very clear on the handing over of power to the speaker, YES it does, but under what circumstances???
I quote
“Any person may petition the Constitutional Court to nullify”
According to this, it means the president was only supposed to hand over power to the speaker if the Constitutional Court had nullified the election. Since the election was not nullified, the president is legally in charge of this country
Tongas stop worshiping an individual, he has already lost a record 6 times. Let him try 2021 and it will be 7th loss. Umu Zambian temunobe.
Dundumwezi prof. you have it wrong!!!
@Chilyata 81.2
I am not in your class of articulating insults for I articulate ideas which many bloggers appreciate. What you are and do to your mother & grandmother is not what I am & do. Make it your last time to reply to my comments because I don’t even read your comments except where you reply to my comments because there is nothing for me to learn from your insults & I don’t inspire to become professor at insults like you. Good luck in your insults.
Prof Hasungule’s right. The whole setting was planned to subvert due process. I am concerned about who won the election but the fact that the process was rigged. It indicates low quality and immorality. Openness and fairness should characterise our systems not bancrupcy. Today ECL has abused the system, do you know who’ll exploit it next? We Zambians have to be very, very careful what we wish for.
Agony is beating the deadline of filing in the petition only to fail beating the 14 day window of deliberations!…who do you want to blame? The cohorts spent 14 days gropping in the dark and raising all sorts of unncecessary, useless and misplaced preliminaries
Tribal Professor
The 14 days debate was in the media, not in court as the constitution in article 269 (d) unambiguously computes time thus: …where an act or a proceeding is directed or allowed to be done or taken within a time not exceeding six days, an excluded day shall not be counted in the computation of the time. [end of quote]. So lets get over this debate about time because it is neither here nor there. Period!
Modern Shaka Zulu wars
Tekton, I fully agree with you. The Concourt failed on this issue of the 14 days.what beats me as a layman is this. Don’t we have notes from those who drafted this constitution to help us understand what they had in mind? In English context is crucial in understanding words. What would we understand by this forexample: ”This eye ointment should be used within 14 days of opening this container” or “All PhD research proposals should be written within six months from the date of admission to the programme”. Do we continue using the ointment after 14days as long it is not finished? Or can the professor accept that we continue writing our proposal as long as we started it in the stipulated first six months of admission? In both these contexts it’s clear “within” refers to a…
interesting Point, let’s hear the shots ! 🙂
….. completion not a starting period. But what does “hear” mean in legal terms? Is it to ” start listening to” or “finish listening to”?. like Prof Munandulo said if they had just added the phrase ” and determined” to make it “heard and determined within 14 days” it could have been so much clearer. But if law was so clearly written why would we have panels of judges to determine cases by votes? And why would we have so many conflicting decisions? It’s a fact most law is concocted with so much deliberate vagueness to allow various interpretations depending on who is in the judges seat.
Hansungule was at Unza his with ECL and were taught law by prof Munandulo in the 1977-81 cohort with people like Mulela Munalula and Chisunka. He knows his contribution wouldnt stand peer…
….review and it’s sad for him to think we are not worthy of the deep thoughts he puts in articles he writes for his peers. His facts are incorrect and his assertions unsubstantiated and his logic astonishing. He says ECL was his friend (or even classmate) and he knows him. Therefore he also knows that ECL did not win the election? Is this all the evidence HH needs: ” your honour my uncle knows ECL therefore he couldnt’ve won the election”? “Hans” please help us, do better than this please don’t let down you cohort and your title. We need legal help here. Give it please.
Dear Zambia ,
Please forgive the Professor.
He is not thinking like a professor but like a Tonga, that he is.
He doesn’t know that there were five judges who made the decision to throw away his brother’s petition. He only saw three.
SHAME ON THE MAN
Prof you allege that Lungu stolen votes from HH, can you confirm when and where you personally saw him stealing these votes. First you chased trucks, next you told Upnd to vote No in the referendum because PF were going to use the Yes for rigging the election. So where did slip up to allow Edgar to steal these votes. Or did the Zambia Watchdog go to sleep?
Hansungule, it’s not Edgar ‘s fault that a Tonga has never held the office of president. 1991 Chiluba was used as a compromise alternative because the rest of MMD such as Mwaanga were going to be torn apart by KK over their murky histories. Chiluba handed over to Levy a Lenje Lamba who “handed ” it an Eastern Banda who lost to a Northerner Sata who bequeathed it Lungu. We don’t know who’ll take over from Lungu, but don’t force matters lest you get bruised.
This cadre of professor is shockingly 2tupid! Why investigate the 3. Why not all the 5? Because they messed up. What about is so called evidence? These are the people who mislead HH.because they call themselves professor all the tribal friends clay their hands.
The only tribalists are the ones calling the Prof. as such. All you see is his name. You are lazy to read and assess what he has written and rebut it point by point. That is how to argue. Make counter convincing arguments, not from a pre-determined position.
What baffles me is that I saw on Muvi Tv Mutale Nalumango and UPND cadres at a polling station declaring that they will guard their vote and they would no sleep until they are counted. This was in the disputed lusaka. What happened Mayo? did you sleep and allow PF sneak behind you to steal your vote? The other issue baffling me is how did PF win so many MP seats unchallenged and clearly, (based on the the few petitioned PF MP seats) and then supposedly lose the Presidential seat as UPND claims? Can people vote in one party into parliament and then refuse to vote in that party’s leader? how would they expect that party’s Mps work with a different leader? which policies would they be promoting? Wouldnt it make more sense to expect that he who won more MP seats and more provinces…
…. would be the winner of presidential elections as people vote along party line? The moment I heard PF Mps had won in the Copper belt and Lusaka I knew it was game over for UPND. You dont win MP seats you don’t win the election simple. Even Sata did not have as many MPs has Lungu has this time around. in fact collectively opposition Mps were initially more put together than Satas until they started petions and poaching Mps Zambian style.
Zambian law is primarily based on the English Common Law. Thus the idea of context, interpretation, deductive reasoning and other concepts are prime factors in coming to a reasoned decision. The key word is ‘reasoned’. That is where a lot of our judicial comrades fall short. I always notice the shallowness of a person when they resort to personal attacks and insulting language. As if that makes them better! People like that have reached the limit of their reasoning and base instincts take over. They are very common on these comment pages, and that is the quality of some of us! Sheer immaturity in one way or another. If people will do anything to get or stay in power, eventually the truth will come out; sometimes too late. I get the impression our mental, economic, ideological, social…
IN ZIMBABWE Acting High Court Justice Chidyausiku ‘overruled’ the Supreme Court. This is what the people you are supporting wanted to happen here. Ans said you nothing. Ha, people will never hear you as long as it about Ha
I didn’t know he was a member of the Tonga Party!