courtThe Constitutional Court has adjourned to Monday next week the interparte hearing of an application filed by the UPND to stay the inauguration of President-elect Edgar Lungu pending hearing of the main matter.

In its application which has been made on different grounds from the one filed before the High Court, the UPND is asking the Court to order that the swearing-in of President Lungu and vice president-elect Inonge Wina should not take place on Tuesday next week.

They contend that president Lungu cannot be sworn in when the Constitutional Court did not declare him as winner of the elections when it dismissed the petition.

But the matter could not takeoff when it came up for interparte hearing in chambers this morning before Judge Mungeni Mulenga.

This is because Chief Justice Irene Mambilima and her Deputy Mervin Mwanamwambwa had not been served with the bundle of documents of the application made by the UPND.

And in adjourning the hearing, Judge Mulenga ordered that both Justices Mambilima and Mwanamwambwa who have been sued in their individual capacities be served with the documents.

Judge Mulenga made the order despite Attorney General Likando Kalaluka having been already served with the bundle of documents.

[Read 29 times, 1 reads today]
Loading...

89 COMMENTS

    • Straight from here the stray HH is heading for justice in the Matero Local Court. Learn to stop your circus while you still have a few impis clapping.

      0

      0
    • NO ONE SHOULD HAVE MORE MONEY THAN THE GOV’t and people of the country! Here demonstrated why. The courts can bankrupt HH&Co. by hefty costs and humble them. By Sending them to jail where they should be supervised to clean the streets in service to the people they denied the justice of a President!

      0

      0
    • Right course of action.

      You dont get your house ransacked and or someone steal your prozed possesion and listen to a nighbour that you should let it go.

      UPND are doing teh rightful thing.

      Lungu has 5 Years to come if villified.

      Thanks

      Bb2014

      0

      0
    • You are dishonest person. You know deep down your heart that it is Chakolwa who is holding the country at ransom. What is it that really pains you when others seek justice? People like you are always deceitful in life. Let justice prevail. Its not you who has suffered injustice. It is the majority who voted against Chakolwa.

      0

      0
    • People I Need Your Legal Guidance. Is there is any provision in the courts of law where I can get a court injunction or a temporal restraining order (TRO) preventing HH from accessing or going to any place, building or venue therein which bears the name “Court” such as Local Court, High Court, Supreme Court, Concourt , Kangaroo Court, Volleyball Court, Tennis Court, Basketball Court or Baby Court until His Excellency Edgar Chagwa Lungu is inaugurated on 13th September, 2016.
      I am also requesting for an ex-parte proceeding as this is a matter of urgency which requires emergency remedy by the court since the balance of harms generally weighs more heavily in our (moving party) favor , due to the existence of irreparable harm and the favorable impact on the public interest.
      It is with this…

      0

      0
    • …..It is with this and also maybe because of this, that LT comrades I seek your legal advice to have an injunctive relief on behalf of the smart people of Zambia.
      Yikes!!!!

      0

      0
    • @Salousi, let’s see now……..mmmmmmmmm(scratching the scalp)……..in the olden days, an aggrieved gentleman Dual could be arranged where one felt another gentleman has acted without owner. They would select as weapons, either a pistol or a sword. The referee would ask them to take steps away from each other in a straight line until suitably apart, then give the order to shoot or charge at each other. This dual ended when one triumphed by killing the other! Of course in these modern times of Human Rights this that and the other one cannot challenge a dual to quell a dispute or a wrong. However, ?I believe legall in these days one CAN. Circumvent the law by inviting a pugilist to a BOXING COURT. Or better to a CAGE FIGHTING COURT both which are not courts really but the drift…

      0

      0
    • Circumvent the law by inviting a pugilist to a BOXING COURT. Or better to a CAGE FIGHTING COURT both which are not courts really but the drift here is that you can lure the annoying party abpnd KO them to a mild coma. Say you invited such a fight. Then I would suggest one foes it on Monday evening, because chances are HH&Co would be too ill from the coma to attend any other Court…of any sort! AND the beauty of this friend,…….you cannot be wrong in law for knocking him out since you invited him and he accepted of his own volition to enter! It’s the closes as a NON THRID PARTY indirectly affected by HH’s persistence. As a citizen……..mmmmmmm

      0

      0
    • Surely, looking at the number of applications filed by these two ie HH and GBM, someone must stand and put a stop to this nonsense. There are millions of citizens out there whose rights are being violated, we need the cabinet ministers appointed so we can resume normal business. ITS TIME TO STOP IT.

      0

      0
    • @Salosi. Your rant on courts, Baby ‘Cot’ court is the best comment this year by far and deserves BBWinner of the year! That’s so funny…….it’s a laugh until tears comment. Good stuff!,

      0

      0
    • First it was the respondent, PF President running away from receiving the summons, now it is the turn of the high court judges to run away so that come Tuesday, they ll say its too late to have the interparte hearing. All this goes to show that if the judges were to hear the case it would go in favour of the UPND so the only way is to run away from the case and have an illegal swearing in ceremony on Tuesday. What a shame!!!!!!

      0

      0
    • ECZ DECLARED ECL WINNER, THE CONCOURT THREW THE PETITION OUT’A WINDOW THEREFORE THE DECLARATION OF ECL AS WINNER IS STILL SEALED.
      ==================================
      Kikikikiki! Tick, tick, tick, tick, tick, tick, tick, tick, tick, tick, tick 3 days to inauguration.
      Drama rocks UPND. ECZ already declared ECL. Inauguration is next Tuesday!

      0

      0
    • @Wise man
      There you are buddy. Games lawyers play. Ain’t nothing you can do about it. They don’t want their time wasted. Ulimbe!

      0

      0
  1. Good to hear that they have finally decided to go to a higher COURT. I was worried that they were going to end up in Saulosi’s baby court, which I believe he has now safely hidden.

    Just in case you missed Saulosi’s classic comment

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

    0

    0
    • @ Bootlicker

      If you are still sitting on the fence, this matter is much more serious than you envisage. Read between lines you will see how many elite men are behind and fighting with HH.

      Clearly the process is being abused to settle old scores.

      0

      0
  2. Straight from here the stray HH is heading to Matero Local Court then call for a Chuundu Chaitwa insaka conducted around Chibwantu drinking party. All said, its water under the bridge Swagger Chagwa, here he comes to rule, unite and develop the country with a 5 year mandate. Seleni babombeko ba Lungu. I’m done with campaigns now changed into development overdrive.

    0

    0
  3. @Kumikoti:just as your name says-you are such a fool.You nincompoops undermined the mighty power of HH both economically and humanly.If you ve ever hear of Isreal and Egypt.This will be the long journey to the promised land .And the journey has just began.There is no way that Edgar Lungu can rule Zambia for another five years,after the entire mess he has done in 1year.For as long as he is still there,the battle continues,If work a white color job your lifestyle will be courts,if you are on the streets,Pistols & AK47s will be your daily bread.This is war from all fronts.Go ahead & declare Lungu this Tue and you see what i mean.

    0

    0
    • @Dununa nio:
      To poor and starving imb.eciles, Mother fu.ckers and squirrels like you, cost is an issue. But to successful men and women Justice is priceless and Cost is not issue. They already have all the money to feed Lungu and his grandmother for the rest of their lives! Ar.sewhore!!

      0

      0
    • @The Seb, thanks. Trolls will always hide under the bridge and hurl insults to the public as they pass by on the way to the Heroes Stadium to witness the Inauguration of THE PRESIDENT, so just avoid the bridges or simply drive fast past them…

      0

      0
  4. When ConCourt threw out the petition, we reverted to status quo ante. The ECZ Chairperson is mandated by the Constitution to declare the winner of the Presidential poll. And ECL was duly DECLARED. I have been invited to the Inauguration on Tuesday next week, have you…?

    0

    0
    • @Vizungu nio:
      Yes, your Fu.c.king Mother and Rat eating Grandmother as well as many other Ar.sewhores have been invited to the Inauguration of Fake president! Put that sh.it back in your Ar.se and some of it in your Mother’s and Grandmother’s pus.ies!

      0

      0
    • @The Seb, thanks. Trolls will always hide under the bridge and hurl insults to the public as they pass by on the way to the Heroes Stadium to witness the Inauguration of THE PRESIDENT, so just avoid the bridges or simply drive fast past them…
      (For good measure)

      0

      0
  5. There is urgent need to injunct this vexatious litigant, he and team have indicated clearly, a loss of reason and judgement. There is a clear flurry of desperate measures carried out to PREVENT a democratically elected President take his seat. It is TREASON through legal route! This latest application on different grounds indicates a confused strategy and a clear MISUNDERSTANDING of the role of the Concourt! ‘Constitutional Court did not declare him (Lungu) as winner of the elections ‘ is a wrong premise. The Concourt does NOT declare a winner, it looks at valid and evidenced complaints in conduct of verification of elections and ‘recommends’ a rerun, recount if we’ll proven. They have demonstrated here that they do not understand the law and that is a requirement, that a…

    0

    0
    • Secondly, more proof of the vexatious and ill advised legal team conduct, he now has sued Justices Mambilima and Mwanamwabwa in their own capacity BUT has NOT served them with Legal Bundles! What lawyers are these. It’s not enough that AG has been served because he was not sued jointly with the two and further it would still require they were served Legal Bundles!

      0

      0
  6. HH is not acting alone-remember that.Very very soon and soon very soon,all silent Zambians backing HH will come out in broad day light and only then will Zambia start to physically burn down that the whole world will know.We had KK,he made Zambia strong and then he destroyed it in the end.We had Chiluba who brought democracy,good start and then destroyed it in the end.Mwanawasa built Zambia and Banda destroyed it.We back again in that same mode of build and destroy and Lungu is here to destroy But,unfortunately this time the entire Zambia will help him destroy their own country with him.Fire on the street,guns will blaze in houses,deaths everywhere,Zambians will now find out what it means to be a foreigner.

    0

    0
    • You should be traced by secret service so they can torture you for the evidence you have to prove your drivel here written. Forget about it. It’s NOT going to happen especially if the same legal team is going to be organising you!! You probable be pointed out to the wrong country and the world will hear you accidentally tried to burn down Congo DRC, where you were told you were in the wrong country to serve your revenge! We are going to be dancing next week. This weekend, polishing ours shoes etc.

      0

      0
  7. I hope you guys condemning HH & GBM’s actions will be doing the same 10 days down the line. What we are witnessing right now happening in our country will change our future forever.

    Some of these people spilling insults on GBM are not even in Zambia, they’re just insulting for the sake of doing it.

    0

    0
  8. it’s the ecz that declare what voters decided. All these avenues are academic and public nonsense.

    0

    0
    • IF they do their job properly!

      Unfortunately this relative of RB has decided to cut corners and hijack what the voters decided. And he has publicly admitted that he has decided 85,000 voters voices should be silenced. Plus one Returning Officer in Mandevu that might have told the Nation THE TRUTH!

      We need a rerun supervised by international organisations whose people are not related to our politicians and are not interested in bribery and corruption.

      Otherwise Zambia is doomed to be stolen and looted by thieves and murderers!

      0

      0
  9. What a reckless game Mr HH is playing with matters that are beyond individuals. He is behaving like he is only person who has ever lost election. These mutiplicity of cases in different courts show that he is determined to frustrate inauguration & governance of the country as long as he has access to courts & as long as lawyers accept his money to represent him for frivolous cases. It looks like he has enough money to camp at courts for next 5 years. If you still read the Bible Mr HH look @ Prophet Isaiah 10:33

    0

    0
  10. I believe at the rate these UPND guys are going the only court capable of solving the impasse they have created for themselves is ICILYE CAKWA MWINE MUSHI pantu ena pa last ngaamona ati they are wasting the court’s time alekata napankanda and warns them not to be taking STOPET BLALY BOBBING issues kucilye camilandu.

    0

    0
    • It’s not Upnd fighting, it’s the two Mailon brothers. They in a real fix and Sangwa is in for a big harvest.

      0

      0
  11. Please the two Mailon Brothers the game is over. This desperation will finally end you taking this matter to Mwine mushi.

    0

    0
  12. @ MMD Chief Bootlicker . You have truly found the funniest way ever of defining this CIRCUS. That was delightful… They will go round and round again. No CONCLUSION, just so that the NATION stays STUCK…

    0

    0
  13. I thought they had said the Concourt was corrupt? How can they go back to the same corrupt court? These guys are in trouble from some powerful money lenders!!!

    0

    0
    • Of course it is corrupt!

      That is where Lungu has taken the Nation. Now everyone has to go to corrupt Courts to try and stay within the Law.

      But Lungu can ignore the Law.

      0

      0
  14. Surely Ama Lawyers of HH & Co. are so dull. The ConCourt can’t declare someone as winner but the Chairperson from ECZ who is a Judge had decrared our President as a Winner on 15th August 2016. Rubbish UPND Ubupuba Pa Numa ya Dudumwenzi!! (
    UPND)

    0

    0
  15. hey stop complaining – lawyers are still making money. its the only way to partake of the 2 rich fools’ money

    0

    0
  16. It’s insane, the two rich entrepreneurs Zambia has ever seen are trying to buy this country and sell it for huge profits, i am of a feeling that the country has been sold already by the two entrepreneurs because they hoped they will make it to plot one.

    But hey, I have just received my invitation for the big day, Inauguration ceremony of Edgar Chagwa Lungu on 13th September, 2016.

    hh/gbm supporters, see in 2021, this time come more prepared, choose leaders that a more mature and interested in the affairs of the majority Zambians.

    0

    0
  17. Nowander the late M C Sata used to call them UP aNd Down for sure. Again they have stated to repeat their mistatkes by not serving the petition documents to the respondents i.e. CJ and the DCJ. Do they need to be reminded by the judge? At the end of the, they will again cry saying they were not given a hearing when it is all because of incompetence coupled with disorganization on their part. How shameful!

    0

    0
  18. Why is the Court allowing this nonsense again and again? It has now become a circus, it appears only HH and GBM have rights and this has blinded them not to see that even the President elect ECL and Madam Wina equally have rights, and the masses at large. That is why Museveni had his opponent under house arrest during a period like this, and the same happens in many African countries – Ba HH and GBM, you are taking your rights too far (becoz Mr Lungu is a democrat), but one thing you must know for sure is that you’ve just inflicted irreparable damage to your already weak UPND; your party’s fate will be worse that MMD and UNIP. God bless Zambia!

    0

    0
    • Why is the Court allowing this nonsense again and again? It has now become a circus, it appears only HH and GBM have rights and this has blinded them not to see that even the President elect ECL and Madam Wina equally have rights, and the masses at large. That is why Museveni had his opponent under house arrest during a period like this, and the same happens in many African countries – Ba HH and GBM, you are taking your rights too far (becoz Mr Lungu is a democrat), but one thing you must know for sure is that you’ve just inflicted irreparable damage to your already weak UPND; your party’s fate will be worse than MMD and UNIP. God bless Zambia!

      0

      0
  19. The best court the two gentlemen they can petition is Industrial Relations Court because it is like they have been unconstitutionally denied the jobs of President & Vice President. The Constitutional Court can block the petition but it will be short-lived & can’t declare them winners. The ConCourt can just validate the election of president-elect or nullify his election. The Industrial Relations Court can, if qualification is richness as they have been boasting to say they are rich & successful businessmen & deserve to rule.

    0

    0
    • Even the Industrial Courts can not hear this case since you MUST have held the job in order to complain successfully in order to be reinstated or to be found discriminated against by an employer who hired a less qualified individual. There is NO evidence they were elected by the people since that is the only qualification required in such a case. No Mate, their Goose is cooked….none for Xmas! These little piggies will cry ‘waaaaaaaaa waaaaaaaaaaa’ all the way home!

      0

      0
  20. Trying to delay the inevitable. Do these two have spouses and grown up kids. Pantu by now one of them shd have told them to just back off and save themselves the embarrassment.

    0

    0
  21. Halusa Hapena (HH) and GBM are behaving like jealous, mischievous little boys who have just been damped by their girl friends. Wake up GBM, HH and face reality. You lost these elections.

    0

    0
  22. Its fine. Let him do what he can. He has the money. Amapulukutu ba HH. The next court cases will involve HH with his lawyers trying to get the money.
    The con court only has to declare that the law was followed in dealing or dismissing the petition.

    But of course HH is willing to pay to find out the same from the con court. Hence the appointment with them.

    0

    0
  23. It’s not funny anymore!! These guys had mortgaged the country to international shylocks and are now being pursued to fulfil their part of the bargain. This desperation can not be about service to the nation! Ooh I have just received an invitation for EL’s inauguration

    0

    0
  24. THIS MATTER HAS GONE BEYOND FIGHTING FOR SO CALLED STOLEN VOTES. IT IS SOMETHING ELSE. EVEN A CHILD CAN TELL THAT NO VOTES WERE STOLEN. YOUR FRIEND WINS 6.5 PROVINCES OUT OF 10 WHILE YOU ONLY WIN 3.5 PROVINCES AND YOU WANT TO BELIEVE THAT VOTES WERE STOLEN. LETS BE SERIOUS AND HONEST WITH OURSELVES. WHERE WERE VOTES STOLEN AND HOW? THE FOLLOWERS OF HH WERE BRAINWASHED THAT HH WILL WIN AND THAT ANY LOSS IMPLIES THAT VOTES WERE STOLEN. WHERE WERE VOTES STOLEN? YOU WERE GIVEN 14 DAYS TO TELL US WHERE THE VOTES WERE STOLEN. BUT YOU FAILED LAMENTABLY AND EMBARRASSINGLY.

    0

    0
  25. To seek justice UPND should exhaust all the avenues. The Petetioners’s rights have been violated and they have every right to seek justice. The only remedy is for Concourt to hear the Petetion,let witnesses give evidence and then Concourt can determine the merits and demerits of the Petetion. Justice is more important than the expiry of time the Worldover. Why should Zambia be different. Zambians want to know whether or not Lungu stole our votes. If Lungu won this election let him prove how won this election. The fact that Lungu and PF don’t want the Petetion Hearing it means they know they rigged this election massively and the evidence is there. This must be stopped. Lungu without this Petetion Hearing will find Zambia ungovernable.The writing is on the Wall!!

    0

    0
  26. Its getting boring already Let those two get a life.I hope the president finds away to throw those two guys permanently in jail

    0

    0
  27. The Bible says, who ever makes a decision out of anger and desperation is likely not to make a right one. UPND has all the rights to to seek for justice but wisdom must be applied in their course of action. They have failed to do the right thing besides being given that precious chance through the concourt. We need wise people to argue positively against any suspicious dealings in our electoral process. Let ECL lead otherwise ba UPND you’re wasting our time. You’re not organised and you’re running about like a lost kid seeking refugee. Finally HH leave the presidency for a saleable product like Gary Nkombo..

    0

    0
  28. Okay I want to analyse this from a different perspective. Now HH wants the Concourt to block the inauguration of President Lungu and Madam Wina because according to him, the Concourt didn’t declare Mr Lungu as winner of 11 August 2016! But my question to HH and his so called lawyers is, isn’t it common knowledge that the status quo which was declared by ECZ in effect when the Concourt threw out the petition?
    This to many of us is an abuse of institutions like the courts by HH and it’s getting out of hand. Moreover does HH honestly expect the same court that threw his petition to stop the subsequent inauguration of the President elect?
    What does HH and GBM honestly want, chaos so that they can justify their hidden intentions? We are too sharp and ahead of their gymmicks and the…

    0

    0
  29. Tuesday is the swearing IN ceremony of ECL as President for HIS first Term. So those insulting are just earning themselves curses for life.

    0

    0
  30. HH has now become a nuisance. There is need to stop him. His behaviour is so childish and uncalled for. We need to stop this lunatic. Elo aziba ati the moment Lungu is sworn in, tizamumanga for breach of peace.

    0

    0
  31. Wicked intentions to destroy Zambia won’t just work, I see other underhand forces in this matter than ordinary eye can see. Please fellow country men and women, let’s open our eyes and stop the dark forces fighting our peace.
    Just go back in time and read what Prophet Joshua prophesised about the outcome of this election. HH, when God has appointed someone of his choice, in this case President Lungu, no one including yoursel can do anything about it and please don’t let God’s wrath to fall on you as He did to Pharaoh of Egypt. Remember God is real and His word doesn’t change. President Lungu is our President for the next five solid years and you or any other human being cannot and will NOT change this truth.

    0

    0
  32. “They contend that president Lungu cannot be sworn in when the Constitutional Court did not declare him as winner of the elections when it dismissed the petition”. Kikikiki what do we have here? Grossly bad and misguided losers. ECL was already declared winner by the constitutionally mandated returning officer. Concourt is no returning officer PLEASE! Pride is very bad indeed!

    0

    0
    • @umwina Nkana, it’s like a woman you have spent millions suddenly tells she won’t marry you. You will want to believe you’re still asleep and you’re just dreaming. I hear that some MP contenders had sold their houses in order to fund their campaigns.

      0

      0
  33. It is the high court that has adjourned to monday and not the constitutional court ba lsk times.And it’s a cycle all over again kikikikikikiki,HH & GBM have a long battle with head of them……this can take another 5 years….

    0

    0
  34. Local court! Oh yes! The best, all you need are genuine witness who were on the scene, unlike lawyers who usually manipulates cases.
    My opinion!!

    0

    0
  35. This ***** in the name of Lungu has brought or this kind of confusion in a peaceful country of Zambia.. Let the ***** concede defeat and go for a re run

    0

    0
  36. These 2 ba****ds said they would not accept the results even before the elections took place. This explains all this rubbish. It’s not about the people of Zambia but it’s about their selfish interests. It is plain simple, look at how HH handled privatisation, he used the opportunity to enrich himself. GBM was minister of defence, what did he do? He made sure he grabbed all contracts from there among other things, this is an open secret.
    Now they should say they are fighting for us?

    0

    0

Comments are closed.