President Lungu, Veep can’t be sued-High Court

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President Llungu chats with vice-president-Inonge Wina upon arrival
President Llungu chats with vice-president-Inonge Wina upon arrival
President Llungu chats with vice-president-Inonge Wina upon arrival

The Lusaka High Court has disjoined or removed President Edgar Lungu and Vice President Inonge Wina as 1st and 2nd respondents in a presidential petition filled by UPND leader Hakainde Hichilema and his Vice Geoffrey Bwalya Mwamba.

The court has also removed the electoral commission of zambia, Chief Justice, her Deputy and the Constitution Court who will now be represented by the Attorney General Likando Kalaluka.

The court ruled that the Republican President and Vice President cannot be party to these proceedings as they are protected by the immunity clause in the constitution
This in a case in which the UPND wanted the court to hear their petition against the election of President Edgar Lungu.

The UPND wanted the court to determine whether the Chief justice and her Deputy violated the constitution by swearing in the President and the vice president.

However, High Court Judge Mwila Chitabo ruled that following the immunity of the president, there is nothing that stops the court from hearing a matter bordering on Human rights.

He further said if the petition were to succeed, then all parties must adhere to the decision of the court.

The Court ruled that citing of Edgar C Lungu, Inonge Wina, Chief Justice and Deputy and Constitutional Court has no legal foundation and ought to be removed from these proceedings as they are ably represented by the Attorney General.

The ruling also means that the matter will proceed to the hearing in a case where Hakainde Hichilema and Godfrey Mwamba allege that Article 18 of the Constitution has been violated by the failure of the Concourt to respect the right to fair hearing by an impartial tribunal.
The High Court Hearing of the matter will commence on 15th December 2016 at 09 Hours to 20th December 2016.

70 COMMENTS

    • Congratulations UPND, no matter how heading can try to be on side of Lungu, the fact is election CASE IS BACK ON!!!!
      Re-run rooming in January, seleniko tutambe…

    • @1.1, I advised you yesterday on Kanta (we were just two of us) to seriously consider improving your grammar, but it seems you are immune to good advice. I also told you that I was not joking! How can a re-run be ‘rooming’?
      You have left me with very little choice now but to take action…

    • It’s just a hearing amounting to nothing. It will not change the declaration of Ecl as duly elected. It’s a hearing meant to satisfy human rights nothing to do with election outcome. No wonder court has only given 5 days as opposed to the constitution which gives 14days.

    • HH AND HIS FRIENDS ARE NOW BORFING NEWS. THEY LOST HANDS-DOWN. EVEN HIS SO CALLED ‘WHITE FRIENDS’ TOLD HIM THAT HE LOST. JUST ADVISE HH AND HIS PLOT 1 FIGHTERS TO FORGET ABOUT STATE HOUSE FOR NOW. THAT IS IF EVER THEY WILL OCCUPY IT. LET’S HEAR MORE OF DEVELOPMENT NEWS THAN HH’s- IT’S DEAD BORING.

    • It’s nothing but just to make the court be seen that they are not Bias, yet the outcome is already known, a ruling in favour of the PF… Waste of time.

    • They are not hearing the presidential petition, they are hearing a case regarding the expired petition.

      HH wants to know if his rights were violated by the ConCourt in his expired petition. This is the case before the court. It is not the expired prettiestial petition

      HH has to buy time to remain head of UPND. Even Chite uyu, ati ndani uyu, .. uyu GBM. He has to support HH, otherwise they will throw him out and demand that he should first apply to belong to that tribe, that one; ahaaa you know it wee!!

      So UPND’s life is on a serious test, it will come out severely bruised after the so-called petition story is over, because what story is HH gona replace the expired petition with, to keep his supporters busy with?

  1. Do u know y HH celebrated the 5 days power outage, the five provinces are not among the best 3 provinces namely; western, north western and southern. So u can c the the tribalism we may face if hh is voted into power. God help us. Open tribalism by a leader who is aspiring for presidency

  2. We are waiting just hope there are no preliminary issues you have 5 days and please ensure the lawyers dont walk away and leave HH to try and pretend he has seen an opportunity and try to assume ECLs profession when he is an economist christmas came early

  3. We need to see justice done. Let the petition be heard. The large number of nullified seats is an indicator that ECZ is a discredited unprofessional body that helped Lungu steal the presidency from HH.

  4. Chikonko mwikate. HH will only end up dreaming abt being in state house. Who the hell the sat anist does he think he is. Sata nism and presidency of zambia will not be allowed. Ba upnd mulifikopo sana. Na sata nism mula imona but u want him to be be president.

  5. The judiciary has never been more independent than it is under Lungu. Let us continue supporting his progressive leadership. Let us continue disregarding Kaponya (HH) and his misfits.

    2016 vote Mr Kudos Most Popular Patriotic blogger

  6. This is a final nail on the UPND’s coffin. Carry-on with your goose chase and all the best. In the mean time Sangwa and group know that you are not getting anywhere and busy milking from bo HH. I guess after this is disposed of, your lawyers will recommend that you go to ICC.

  7. But ba Veep must be an iron lady. At that age most of us young ones will be lucky to be able to walk, let alone run a country! Interesting times we live in politically from the days of her late husband. KK leadership preached love for one another regardless of where one came from. Now we even see branded campaign material saying vote for your own!

  8. The Court ruled that the Petetion must be heard and the Hearing starts on 15th Dec 2016. The AG will represent Lungu & Wina and others. This means that the AG will be in the Dock and will face tough cross examination. The AG will feel the pain of carrying the crosses of Lungu,Wina,ECZ,Concourt etc. This is a tough task ahead. The judge allowed UPND to Appeal to the High Court on the immunity issue if they so wish. At last the Petetioners’ Rights to a Hearing are being respected. This is good for our new Constitutional Democracy. Eventually the main Presidential Petetion we hope will be heard and disposed off just like we are witnessing the High Court passing judgments on the MPs Petetions . We commend the High Court for handling these Petetions well so far. We also thank HH & GBM for…

  9. Waste of time. You should just wait for 2021 .The high court cannot instruct the consititutional court. But it’s good for public entertainment.

    • Unfortunately to PF Parliamentary intelligentsia messing-up new Constitution and failure of referendum on the Bill of Rights, PART III of the Constitution of 1996 is still valid. Have guess which Court has Jurisdiction to hear and determine breaches of Fundamental Rights in general and “Right to be heard” in particular?
      HIGH COURT
      And before you label me as UPND cadre/supporter, please read PART III, Articles 11 to 28 of the Constitution of Zambia 1996.

    • They have similar provisions in the UK where a squatter breaks into your house and claims ownership. The courts will not allow you to beat and smoke him out of the house without exhaustive court proceedings. It leaves a bad taste in the mouth. Lungu is playing legal games with his bunch of crooked judges.

  10. ARE THERE NO YOUNGER LOZIS TO BE APPOINTED VICE PRESIDENT. THAT INONGE IS A WORST OF TIME AND MONEY. WHAT DOES SHE DO?

  11. The Supreme Leader HH of the UPND and his Vice GBM ma sacker sana zoona how do you sue the entire Judiciary and expect a ruling in your favour…

  12. Sangwa and Team keep on entertaining us and invoicing them two in foreign currency.
    Zambia Revenue keep the eye on ball getting the Taxes from Sangwa and Team.
    After High Court start pushing for ICC and ICJ so that we are entertained till 2021.
    That’s the only way Halucinating Hyena will pay back the wealth he dubiously acquired through Privitisation and sells of our Mines.

  13. IN AS MUCH AS I AM NOT A DIE HARD SUPPORTER OF HH, I WISH TO ASK THOSE WHO ARE SAYING HH CELEBRATED THE POWER OUTAGE TO PROVIDE ME WITH WHAT EXACTLY HH SAID THAT AMOUNTED TO CELEBRATING THE POWER OUTAGE. OTHERWISE FROM WHAT I HEARD, THERE WAS NOTHING SUGGESTING SO. LETS US LEARN TO BE OBJECTIVE AND NOT ALLOW OURSELVES TO BE RULED BY ENVY, HATRED & BITTERNESS. SOCIAL MEDIA IS GOOD BUT WE ARE SLOWLY DENTING IT BY POSTING THINGS WHICH WE HAVE NO EVIDENCE ON.

  14. Believe me u, this case is dead and buried. Upnd lawyers are thieves who are just interested in making more money. The two rich f00ls can’t see this coming because they are drunk with power take over dreams..! Can the high court instruct the constitutional court to hear the petition that the same court threw out?

  15. 11. Chando, the court will not hear the presidential petition on 15th but the matter to determine whether the constitutional court abrogated the rights of hh and gbm by not hearing the petition. Learn to read and understand before yapping..!

  16. It is highly disturbing that our President, who by profession is a lawyer (even if suspended by LAZ and found guilty of embezzlement), deem fit to criticize Judges.
    Your Excellency, either you agree or disagree, nevertheless you RESPECT their Ruling.

  17. All in all, I think it is important that we all respect the constitution and the will of the people. Lungu or anyone must not be let to scot free doing something not right because this will be a bad precedence for the future. Guilt has been shown in everyway by PF because a true winner would never have blocked the petition to be heard. The truth would have validated as the winner and this would have been determined by the courts since ECZ is a PF carder institution that cannot be trusted. For Amos to come out the way he did speaks volumes of who really won the August elections because it shows that if left on an impartial path the courts would otherwise find Lungu’s win not valid. The courts must request a re-run under an independent election body.

  18. it reminds me of one grade seven story in 1982 about the “emperor and his magic clothes”. That is what our hardworking lawyers do. That story is being put to excellent use. While general citizens are calling to end this unfruitful war, lawyers are chewing cash and inspiring them that they will win. Anyway, in a country without serious criminals, how do you expect our lawyers to survive?

  19. Too much of something is not good at all. Life is better with a twist, something different, something that sets your right side brain into gear. Today petition, next week petition and on and on becomes a norm.

  20. People who say HH & GBM should forget about the Petetion and look to 2021 are short sighted. If u don’t deal with electoral theft in 2016 u have simply given a Licence to Edward to steal the elections in 2021 again. That is a recipe for dictatorship. People should not condone or reward electoral theft. This Petetion is helping the likes of ECZ and Concourt to put their houses in order and deliver justice to Zambians in future. The MP Petetions should be properly concluded so also the Presidential Petetion. From the MPs Petetions Political Parties now know that if u use violence, state resources and electoral malpractices u will be disqualified. The same message must go to would be Presidential Candidates in future. If Edward used unfair means to win then that should be exposed during the…

    • @27, your repetition of ‘petetion’ will break my tympanum. Sometimes learn to trust the spell check on your Apple Macintosh 128K!
      Better still, when you are coining a new word at least have the decency to explain to the reader what it means…!

  21. They are not hearing the presidential petition, they are hearing a case regarding the expired petition.

    HH wants to know if his rights were violated by the ConCourt in his expired petition. This is the case before the court. It is not the expired prettiestial petition

    HH has to buy time to remain head of UPND. Even Chite uyu, ati ndani uyu, .. uyu GBM. He has to support HH, otherwise they will throw him out and demand that he should first apply to belong to that tribe, that one; ahaaa you know it iwee!!

    So UPND’s life is on a serious test, it will come out severely bruised after the so-called petition story is over, because what story is HH gona replace the expired petition with, to keep his supporters busy with?

  22. Even if the president,veep can’t be sued but the current president has no respect for rule of law. But who are Lungu to undermine judiciary.*********. Days are numbered wait useless president your press aide Amos Chanda should be contempted together with you

  23. HH knows that him taking the elections to court shall keep him relevant for a longer period. Had he not done this, UPND would be calling for a convention. UPND cadres are too dull to realize they are being duped.

  24. A person with a good vision can never be a friend with dictators e.g. Mugabe and m7 if you really respect the democracy of your country. Those leaders have destroyed the democracy of their nation.yet the of manions do not see that lungs is also becoming a dictator. The time u be regretting it will be too late.what you should know is that you do not eat a tribe, tribe will not pay your children’s school fees.but a person with a vision like hh.

  25. She can be impeached and tried in parliament ,bwana Lungu stop your misleading and self serving way of selectively interpreting the constitution.

  26. Ples u are zambians and not foregners let’s look how our country is devloping starting the time of. Let president mwanawasa conpair with time we are crying its shem and if god say no one can say yes

  27. It is the democratic right of UPND to be heard but that will not change the status quo. What is being determined in the high court is whether their right to be heard was infringed upon and not whether PF won the elections. The only court in Zambia mandated to hear presidential election petitions is the constitutional court and it is most unlikely that it will hear the case again.
    I know HH and GBM both of them are not politicians but businessmen. In business historical data like financial statements are key to make decisions but in politics the past events are not very important as compared to what you will do. What will sell you in politics is not necessarily what happened but what will happen. UPND is wasting alot of time on the past events than concentrating on the future events.

  28. so change your constitution remove the 14day period for the agrieved part to present and have there case heard.The case was before the courts and the 14day’s time elapsed the judges had no option but to go ahead and have the president elect sowrn in by the chief justice. So technically the president elect was sowrn in without the case being finalised in the concourt.if you can compare the Americans way its not just after 14days they are still in the transtion period before there president elect can finally be in White house this is how it must have been.The so called constitution in it’s present form needs some urgent amendments.

  29. There go our judges again. Trying very hard not to see Lungu in the dock. Its not the presidency that is being sued here. It is the pretender to the throne. This guy hh is alleging that the guy got the presidency illegally so how can the ‘illegal’ president be protected?

  30. @ Sonta. Up to what grade did you go? Or you simply learn social media grammar. What your mind is expressing and what you have written are totally different things all together. Check the way you place words with similar sounds but different meanings. Don’t embarrass yourself please.

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