By Paul Moonga
The Author is the ruling Patriotic Front (PF) Member of Central Committee (MCC)
Following the Presidential and general elections held on 11th August, 2016 which were eventually scooped by President Edgar Chagwa Lungu, the opposition United Party for National Development (UPND) candidate Hakainde Hichilema filed a petition in the Constitutional Court challenging that election.
In the weeks that followed, the country has witnessed one of the most heartbreaking political developments in relation to the conduct of the Constitutional Court and that of public officials who have influence on our national affairs.
This country witnessed very unpredictable legal trajectories of all times and I feel duty-bound, compelled and attracted to give views of our party, the PF.
Of utmost interest in this matter is the strange position that was taken by the president of the Constitutional Court, Ms Justice Hildah Chibomba to award four extra days to the two parties after the expiry of the 14 days provided by the constitution.
This legal contest was only served with the split decisions offered by Judge Palan Mulonda, Judge Mungeni Mulenga and Judge Ann Sitali while the president of the court, Madam Chibomba and Margaret Munalula held that the court needed to extend the time of hearing outside what the constituition provided.
The extension was clearly illegal, illogical and irregular and contravened Article 101(5) and 269(a).
I want to insist that the position taken by the judge president and Madam professor Mulalula was very strange because the provisions of the constitution are very clear that the petition should be heard and determined in 14 days. By the events of Friday last week, when the Constitutional Court passed that verdict to allow Mr Hichilema’s petition to be heard out of time, contrary to the provisions of the Constitution there was a covert attempt to rape and annihilate the law of the land.
We are aware as a party that Mr Hichilema told the nation in the aftermath of that strange ruling that “the Constitution only stated that the presidential election petition must be heard within 14 days.
He argued that the constitution did not provide that the petition must be heard and determined within 14 days. The catch words, according to him, is that to be “heard and determined.”
We find this argument very disgusting and tiresome to say the least. I am raising this matter just in case Judge Chibomba and Ms Justice Munalula may have been influenced by this flawed thinking.
I have a question for the two judges. When judges are confronted with such a situation, what factors are they supposed to consider? I am not a lawyer myself but I am advised that judges confronted with a situation like this are supposed to employ the mischief rule in arriving at a decision. What mischief were the people of Zambia trying to cure when they came up with such a provision in our constitution?
Clearly, the mischief the people of Zambia sought to cure was the avoidance of unnecessary delays in disposing off the presidential election petition thereby disadvantaging the winning president from taking office. So I wonder what authority the Constitutional Court president Judge and Madam Munalula used to pass that most frivolous ruling in the judicial practice of our country?
I smell a rat in that conduct and it is clear that Madam Chibomba and Madam Munalula did not mean well in advancing that ruling. The ruling was meant to favour UPND candidate Hakainde Hichilema even when they knew that he deliberately caused delays to the petition hearing owing to the lack of evidence that could have caused the nullification of the election of President Lungu. The delays through baseless applications were meant to buy time and make up for the absence of evidence to buttress their case.
I am therefore compelled to demand that Ms Justice Chibomba and professor Munalula should immediately resign from their positions as Judges of the Constitutional court to pave way for the establishment of a commission of inquiry to probe their conduct.
As a party, we are not convinced that Madam Chibomba and Munalula’s conduct was a mere legal mistake. We believe that this was a planned action influenced by the desire to pass a verdict in favour of Mr Hichilema and the UPND.
We do not expect a legal brain at the caliber of Madam Chibomba and professor Munalula to lack the necessary knowledge to understand the provisions of the constitution. We think they were being mischievous and played naivity with a very sensitive matter in the legal and political life of our country. That action is inexcusable and they must resign to save the collapse of our judiciary.
HH and his politics
In addition, it is observable that UPND president HH has been the most tribal politician. We should not blame the people of southern province for voting in the manner they did. This is the massage Mr Hichilame has been promoting in his campaigns and this has reflected in the events after the announcement of the election results.
His boastful message that he is the only one who can fix the economy to the exclusion of all other Zambians is a demonstration of selfsihness. It must be noted that Mr Hichilema was a nonbody before privatization of the Mines of this country and earned money when he was given consultancy to spearhead the privatization of the mines.
There are several people who became overnight millionairs after privatization but have kept quiet and never talk about their riches.
So Mr Hichilema should avoid boasting to Zambians that he alone can fix the economy.
Lastly, we wish to thank the people of Zambia for coming out in large numbers to prevent Mr Hichilema from coming to power.
President Lungu likes to consult and brings everyone on board unlike leaders who believe that only they can fix the economy. The President’s decision to create the Ministry of Religious Affairs will help bridge the gap between the people and his government.
Hey just move on and stop talking about this. If Hakainde himself is as quite as a person on the toilet seat, who are you to be making noise? It is water under the bridge. Time to get back to work comrades.
I don’t recognise my President.
See you in 2021. I will stay in Glasgow and will not come there until we change the President.
I am disgusted the way the election fiasco has been handled.
Someone pass me some pills, I have a serious headache.
Thanks
Bb2014
When you see a Tonga supporting Bemba thieves just know you have a castle rustler who cannot do things for himself and relies of PF thieving to stay alive.
I conquer with the writer, Chibomba is a failed disgraced Judge who is a danger to this Country and cannot be allowed to continue being President at the CC. She must leave without delay
Mushota, you have always made disparaging remarks about Zambia and blacks. Have you forgotten how you used to bore us about how great your imaginary boyfriend Nick is? In short you are just a cheap attention seeker.
@ Mushota, who cares if you do not come back. Remain in Glasgow and continue cleaning toilets.
Does this fool even know the pipo he is criticising@Justice Chibomba and Professor munalula are without doubt front runners in terms of distinguished women in Zambia.We must be careful not to sell our country to these 1diots.Every sane Zambian is condemning Mulonda,Mulenga and Sitali and this f00l sees it fit to condemn the ones who tried to save the nation from shame?Ati sebana wikute.
Indimi, that is the toilet you will be scrubbing when the Bemba Buffon Lungu is done with you Zambians. Load shedding, poverty and hunger will remain your lot in life. Zambia will continue to borrow and Zambians will continue to suffer. Look at Lungu yesterday. The man does not even know how to dress properly. And Mugabe was the only president to come to his swearing in. Ha, ha, Zambia is finished.
I thought Iain Khama is a president of a neighboring country
This is still more propaganda from the PF machine. Where in the world does a citizen tell the Constitution Court how they should interpret the constitution? You might as well nominate yourself to the bench then. The reason they’re nominated to the bench is the assumption that they’re qualified to be on there. You may not agree with their interpretation, but to pretend that you understand it better than they do, and thus call for their resignation is sheer arrogance. Even the US Supreme Court, not everyone agrees with their interpretation of their American Constitution all the time. Sometimes people strongly disagree with their decisions, and interpretation of the constitution, but in the end the decision stays. If this guy thinks he has complete monopoly on the interpretation of the…
(Continued)… phrase “within 14 days” in the Zambian Constitution, let him consult with world constitution law scholars, and see how many interpretations they’ll come up with. I personally is of the view that, even from a simple English grammar point of view , the phrase in the Constitution does not seem to necessarily translate “in” as he purports. Here is the full quote of Article 103 (2): “The Constitutional Court shall hear an election petition relating to the President-elect within fourteen days of the filing of the petition.” If this sentence was meant to mean the case should be heard and CONCLUDED, or COMPLETED within 14 days, it apparently does not appear so, the way it’s put in the constitution. The “within 14 days” should not be read in isolation, because it’s…
(Continued)… connected to the phrase, “of the filing of the petition,” which can mean that the ConCourt should not delay the hearing and say attend to the petition 15 days or more after the petition has been filed. Let’s say the ConCourt decide to hear the petition on the 13th day after the petition has been filed, they would still be in the “within 14 days,” time frame and would not have done anything wrong. The “within 14 days,” phrase seems to refer to the START of the hearing, and how long it lasts after that, that clause does not say, which seems to leave it open – ended. But I know this is just my layman opinion and I won’t stand here to adamantly claim or pretend that my interpretation is the only one that’s right. Secondly, if any judges need to resign, it’s the 3 that…
(Continued)… agreed to postpone the case to Monday, only to capriciously make a U-turn on Monday, and declare that the case was over. They clearly went back on their own word. Thirdly, do not expect or require all the judges in Zambia to ALWAYS be ruling in favor of PF . That’s how dictatorships work.
Useful ***** trying to impress in order to keep picking up the crumbs from the dinner table.Asking this guy to have dignity will certainly be asking for too much.I hope you will not blame HH for you intended privatization.
To the two judges who stood on their principles, Judges Hildah Chibomba and Margaret Munalula, we salute you and hold you up as true patriots. Remember, you may be vilified by political hacks, sycophants and self- serving politicians who care nothing about the rule of law, democracy or the future of our country. But remember that time will exonerate you. History will look favorably on you, and when our great-great grandchildren come to investigate what happened, you will be viewed as heroes, true patriots who stood up under pressure and refused to compromise your principles, and your promise to uphold the constitution and the rule of law. And remember you’re not alone. We the Zambian people who understand the importance of the rule of law and justice, immensely support you and stand…
(Continued).. with you. We salute you. You’re the true daughters of Africa, beacons of hope, on a continent that’s usually characterized by incredible corruption. This is how you know who a true patriot and principled judge is — they always choose to do what is right and true and strive to uphold justice at all times, even when under intense pressure. We also understand that you stood your ground, not because you hate PF and love UPND, as some misguided elements may want to label or smear you with, but that you just wanted to see justice done, and whoever could have emerged as the winner in the end, we could have all as a nation rallied behind them, be it UPND or PF, for we’re all Zambians. Had ECL and PF been legally declared the winners, after a fair hearing, and after all the…
(Continued)… evidence that UPND wanted to present had been seen and reviewed by the judges, PF could have been exonerated and gained respect both locally and internationally. But in the light of what has happened, they’ll always be seen as illegally in office. What we’ve ended up with is an indirect silencing and disenfranchisement of over a million Zambians who cast the vote for UPND. Zambia being a Christian nation, we believe that the truth will eventually surface one day, as God is a God of justice. Let’s all pray for our beloved country. Peace.
@NAT-ASKANCE, I agree with you 100% about the interpretation of that clause. Unless you bring in the intention of the writers )which we don’t know at this stage), simply the reading of the English grammar of the clause as is means the start of the hearing from the date the petition is filed. In any case the fact these judges weren’t sitting over the weekend and combined with other fundamental constitutional rights, it was right to extend the hearing for 4 extra days.
You’re already in power, get on with the work.
We are fed up with you guys dwelling on triviality.
Nothing will change, don’t behave as though you’re still in opposition.
Where do you see legitimate winners spending so much time attacking the supposed losers? Only the guilty are afraid. PF know what they did wrong. That’s why they cannot get over the elections they are supposed to have won. Stolen victory is never sweet.
The man is trying so hard to be relevant in the party. Seeking notice.
spot on
Confused and Perverted Tonga.
He is a actually a wise Tonga, though crazy he is expressing his opinion as a citizen of Zambia.
A rare thieving Tonga. He is a cattle rustler who cannot farm or rear his own cattle and has to survive by sucking up to Bemba thieves.
This man runs a printing company! That’s the problem with you idyats, when one of your likes is at variance with your United Party for Nutcases in Dundumwenzi, then he is either a thief or chakuti chakuti! Imwe bantu mwaba shani kanshi!?? I can’t even believe it that I, me and myself could waste 3 minutes of my precious time to respond to demented and bitter guy with moronic and id!itic tendencies like you Buck Teeth! Bitterness will choke you eventually!
Just when I thought PF had grown some Brains, another one of their many mouth pieces says something crazy.
PF attracts the riffraff, imbeciles, loafers, thieves and stooges – the other half of the country that’s deplorable. PF mouthpieces are like sewer pipes: stay clear and far if you do not want to be sullied with their rotten, smelly contents.
We need an inquiry to be appointed to probe those two mischievous judges who were paid by the devil worshiper to put our nation on fire
Did Antichrist Frank Bwalya bribe them?
No need for inuiry waste of money, Chibomba must just go
Ba Moonga, let’s move on. That is now history. Let everyone focus on development now.
PF will be PF. They will squander the next 5 years blame Tongas for powercuts, high inflation, IMF structural adjustment program effects and what ever will go wrong. PF is a Party without any development programs and its rhetoric is only about Tonga kachemas.
We know it’s that time when the Head of State is about to formally announce his cabinet, so the likes of Paul Monga want to be noticed. Paul must be thinking like; “Wait a moment, Southern province has no PF MP, so being an MCC, I stand a good chance of being nominated by EL and subsequently appointed Provincial minister”
Paul, you are wrong, you have no substance. Zero credibility. These are crucial days, the President can’t afford to appoint cadres like you. We need people that are above petty politics
@ Buck Teeth, you must be blind, you are the only one who is not seeing the development Country wide or do yu just close your eyes when see develoment
Ka mushota, if you want go live under the ocean or better still grow old and die there, no one needs here, I can beit even your relatives Dont need you also
ndiwe opusa @ ka lamfras.Uzanyela matubvi kukamwa in the next 5 years…
Mushota you are so right I too no longer recognize my President HH, he is a let down I didn’t even know he had mobilized 53million dollars to help as win but on the ground we got nothing apart from a paltry 5500 plus vitenje bearing his portrait, then they say I raise the rest? And when I had a shortfall he told my supporters to focus on the Presidency and not MPship since when I go to parliament I wouldn’t share my allowances…well now I am in parly now I wont share my allowance am demanding a convention…YES MUSHOTA I DONT RECOGNISE MY PRESIDENT.
See, you can now understand why he wanted that Presidence so much…so that he privatizes the whole country to pay back the USD53,000,000.00 DEBT! RB said neo enipisha pampando na Donchi Kubeba, weo ba kunyokola na Dununa Reverse!
Pay baack that DEBT alone, don’t mortgage my country you cretin!
Another “learned” BSC (Bush State Council) has decided to crap in public.
Learned (lol) P. Moonga (BSC), where did you study Constitutional Law? In the pit-latrine? Just make comparison with Republic of Kenya Constitution and then, if you are man, apologize to two Justices.
All Tongas are invited to repatriate to Zimbabwe!God bless!!!!!!!!!!!!!!!!!!!
ATASE
I think we all want Justice .The 2 justices want justice to be served. Technicalities is avoiding justice. The submissions say that votes were stolen. We want the truth to come out or dont you. As long as you hide behind a technicality and prevent justice to be served then I presume you as PF have something to hide and want to divert attention by victimizing the 2 judges. Why not show honesty and allow the petition run its cause and shame the devil.
Man its true the constitution has said that such justice must be determined within 14 days only. So the law of the Land has given guidance and no one should go above it including the two judges. You get it ???
A twitter post of on one of HH’s lawyers: “I really, really wanted to hear the evidence the UPND had so that I could make up my own mind about the credibility of the last election”.
This really really shocked me! So even his own lawyers have not seen any evidence of rigging! I’m lost for words where to place this HH and his GBM for taking the whole nation on a stupid, time and resource wasting errand!
Leave the judges alone. They wanted to vacate the court, so they tricked HH and GBM to move them under guise of a hearing on the Monday! Only Mushipe and Co. Should be disciplined for conduct. HH, GBM for treason.
It’s time to heal and move the country forward.
But Chibomba and Munalulu have to go especially Chibomba, how can you trust one who does not respect the law to head the the 2nd highest Court in the Country
You are still trying to prove a point when your President has been inaugurated move on and start working ba Paul time to politic us over. What are you trying to prove that you won genuinely sorry I do not think so. This was a miscarriage of Justice. No one gets sentenced to death without been heard.
Paul Moonga the ID!OT
Hey ba Paul Moonga don’t be like HH who was refusing to move at the risk of rendering himself irrelevant to the future of the country. After the inauguration, we’re all looking forward to new things and don’t engage us in the reverse gear please! MOVE ON!
We will not rest until these useless Judges r removed. Then they can go & join their useless kachema in opposition. These 2 judges kuya bebele!!!
Are the concourt judges qualified to be judges? If not, can one condemn their conduct or are their decisions binding ?
Are they qualified? I don’t know? Better ask the person that appointed them! Who was that?
Ahhh! Now I remember! Was it not Edgar Jamesoni Lungu?
So all you PF vuvuzelas better go and tell your PF President that he f**ked up on this one! Don’t come and complain here.
YOUR ARTICLE IS A STUUPID ONE WITH STUPIID REASONING IN IT. KOYA UKALISINDE MAZI AAKO SUSOKWE OOKO. CAN’T YOU SEE THAT HH IS THE MAN MILLIONS OF ZAMBIANS VOTED FOR? LUNGU IS A THIEF WHO STOLE POWER FROM HH.
PROVE IT
Simple logic, assuming HH and GBM took a year to be heard, Zambia should have waited for a year for justice. The same legal reasons being presented to extend beyond 14 days would be valid for the petition to stand even for more than a year.
Assuming the Concourt nullified the results what would have been the possible scenario in Zambia, particularly Lusaka and the Copperbelt?
The two professors, ba General Miyanda will do better to see beyond their noses.
These are the empty tins who will be nominated for ministrerial roles…its just now a case of who licks Lazy Lungu’s boots most to be noticed…just yesterday this chap was in UPND stone thrower!!
Mr Moonga, do not lie! The Constitution does not talk about ‘Hearing and Determination’. Actually, the Law only provides for the “Hearing’. It does not refer to Trial and Determination [Judgement/Declaration]. We know that Hearing precedes trial and Judgement. In this Case, there was no Trial and no Judgement.
Judges are expected to deliver Substantive Justice rather that rely on techicalities and legal niceties. But, really, did the CC Declare Lungu winner?
By the way, Mr Moonga, did Lungu actually cede power to the Speaker during the ‘Hearing’ if not why for you who wants to hide behind the letter rather than the spirit of the LAW?
Its unfortunate that one Paul Moonga is still singing to be heard by the master. Please time for politicking and finger pointing is over. Lets move with our hands held together as ONE ZABIA ONE NATION. To every competitive event there is a winner and loser. Leave HH and team alone. They are still recovering from the pain of a BIG LOSS and it will take time to come realities. Demanding the resignation of the Two CONCOURT Justices Hilda Chibomba and Prof. Magaret Munalula is the most unfair and unfortunate thing to do. Lets us avoid ambushing our judges. ECL was sworn ang given a Five (5) mandate to run the affairs of the country. Ba guy Paul lets move and face the problems ahead of us with courage. Forget the rest is now history. Why cause more misery on a defeated rival?
I support this. It makes a lot of sense. Wise word from a wise man. I salute you baguy.
That’s why Dan Kalale,the former ECZ Director said depending on whose side you are the concourt either sat for 10 days or 14 days.
It does not matter whether it comes from Danny Kalale or any thing, the people said within 14 days.
Judges are lawayers and lawyers MUST be ALIVE with all provisions in the constitution. 14 days is 14 days. It does not matter whether they sat for 10days or 14 days but what matters is that no evidence of rigging or irregularity was adduced in 10 or 14 days not even by Freddy Mmembe in his PAST. If past had evidence, it would have been printyed in the past. But since this did not happen, HH did not have evidence and worse the agrivatted robeery which wnated to tamper with ECZ documents was fpoiled left HH with nothing but just tokeep farting in the mouth of GBM
Can we forget all the nonsense, leave them behind and move on. Why are you exchanging unpalatable words? We are all Zambians at the end of the day. Let us move on guys. I love you all.
Mr Moonga, no matter how long it takes ….. the TRUTH will be known some day. Jehovah is a Just God.
Lets move on people. We shouldn’t develop a culture of attacking our judges.
Very dull! When you get arrested on Friday, why is it that you get released on only on Monday the following week? Because no judge is on duty on Saturday and Sunday dummy!
Time to talk about judges is over deliver what u promised or are u fighting for a position. Even the presidents remarks are not welcome of trying to punish others.we are not interested both parties were violent.
PF has the dirtiest mind ever and is infecting even the once wit sound minds people. shame
Maybe he wants to sound relevant. Your established Kangaroo court denied to hear the petition because those judges were oiled, they were threatened and with some judges, history is there, she dribbled Sampa. Precedent is there, u r calling for a professional to resign and leave out cadres, what a country!!!! Anyway, PF orchestrated everything well and this will prove to people that visionless means no business. Your hate and bitterness will never take u anywhere..
On Friday night Chibomba disregarded the law by trying to extend the hearing beyond 14 days. Never mind the determination, we never came to that. On Monday, even though she had enough time to reflect over the weekend, and even though HH at the saturday press conference admitted the 14 days limit for HEARING at least, the same Chibomba again mutilated the constitution by voting for an extension. I repeat HH agreed with the 14 days hearing but only questioned the determination aspect, so what Hilda Chibomba onjecting to? She is clearly corrupt or something worse and must resign.
What the Petitioners wanted next was Trial and Determination (Judgement). A Hearing is the process of preparing a Matter for Trial. A hearing is limited in nature. It is the time to to understand by all parties involved the nature of the Causes of Action and to determine what is admissable, what informastion will be required, the witnesses et cetera, after which the Trial date might be set. Yes, the Hearing period might have been exhausted, but what about the Trial and Determination?
hunger is bad people, it makes people do all sorts of things. Unfortunate EL can not give everyone a job. To me, this article lacks substance. Yakunyokola njala