Court adjourns Mwaliteta and Mwanakatwe hearings

Central Province Minister Obvious Mwaliteta
File picture:Lusaka Province Minister Obvious Mwaliteta
Central Province Minister Obvious Mwaliteta
File picture:Lusaka Province Minister Obvious Mwaliteta

Lusaka High Court Justice Mwamba Chanda has adjourned the hearing of Obvious Mwaliteta’s application for constitutional bail on the grounds that there was no specific rule cited in the order.

And Constitutional Court Justice Enock Mulembe has deferred hearing of the Margaret Mwanakatwe’s application for a stay of judgment in the nullification of her Lusaka Central Constituency seat to Tuesday next week because the defence requested for time to study the matter.

Ms Justice Chanda in her directives explained that Mr Mwaliteta’s application for constitutional bail did not provide the specific order under which his request was based on.

She directed his lawyers among them Keith Mukata and Keith Mweemba to go back and amend their client’s application to make it suitable for the court thereof.

This is a matter in which Mr Mwaliteta applied for a constitutional bail following his continued incarceration after his arrest in August on charges of aggravated robbery.

Mr Mwaliteta has requested for the High Court to grant him a constitutional bail because of his ill health for which he required strict medical attention that was not available in prison.

He charged that if not granted, he risked serious medical complications including death.

Mr Mwaliteta, who is a UPND sympathiser, was arrested with four other suspects on allegations of aggravated robbery that took place in relation to the August 2016 general elections.

And Mr Justice Mulembe deferred hearing in a stay application against High Court Justice Mwiinde Siavwapa’s judgement that nullified the election of Ms Mawanakatwe as Lusaka Central Member of Parliament.

This was after counsel for the petitioner, Charlotte Scott, applied for an adjournment to allow them enough time to study the application as they were served late.

The matter came up for hearing following an appeal against Mr Justice Siavwapa’s ruling for a stay after he refused to grant a stay citing that it would be illegal to stay his own judgment.

Ms Mwanakatwe has submitted before the Constitutional Courts that it was her prayer that it had the jurisdiction to unveil the restrictions exposed by the High Court, and grant her a stay to allow for the people of the Constituency to have representation in Parliament.

And the Electoral Commission of Zambia (ECZ) has applied to be misjoined from the proceedings in the preliminary issue raised by Ms Mwanakatwe before the Constitutional Court.

In their notice of intention raising preliminary issues under Order 33 Rule 3 of the Supreme Court Rules 1999, ECZ have cited that they should not remain party to the proceedings because the only allegation levelled against them was contained in the petition which the court below already addressed.

They said all grounds on which the appeal to the superior court was made did not in any way relate to the commission, hence the application to be disjoined.


  1. So the MP wants to continue executing her Ministerial duties with such a millstone around her neck? Africans surely have no shame. The guys you borrowed systems from step aside at the slightest indication and wait for matters to be cleared before attempting to step forward. Awe kwena twalisebana twalipwa!

  2. Why not release them did they kill anyone? When you evil doers go free after stealing votes. Shame upon you to say let them rot.

    • Not to rule anybody but she just sought to represent the people of the constituency she lives in and probably try to lead in raising their profile in the direction of what makes people of her skin live better lives

  3. In life it is important to do the right thing. Mwaliteta told us that UPND was a bad party but within a short period of time it became a darling. Let’s learn to be honesty

  4. Police on the Copperbelt have unearthed a scheme in which a group of 16 unscrupulous reportedly belonging to Opposition UPND allegedly ploted sabotage of vital installations such as Zesco pylons, Copperbelt Commissioner of Police Charity Katanga disclosed.

    • This is laughable. This is just a way of diverting people’s attention from real issues. We have economic challenges to deal with and since PF have nothing to offer, they have decided to engage in propaganda to divert our attention from their inability to govern. No one is attempting any sabotage. Bring the evidence and we shall see that there was no substance in the allegations. It is just failure to explain why the cost of living is always rising and what solutions are in the offing to stop the trend. This case will come to nothing because it is a cooked up story.

  5. And for that MweembaUSA UPND can not have my vote even to a well meaning Zambians, how can I vote for some who is bent on destroying the already infrastructure that we have.
    @8.1 what happened in Northern Province was a mere say not sabotage you will only agree when it happens in your home.

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