The Lusaka High Court this morning adjourned the hearing of the preliminary issue in the case in which UPND leader Hakainde Hichilema and his Vice President Geoffrey Mwamba have petitioned the Court seeking an Order directing the Constitutional Court to hear the presidential petition.
The two opposition leaders are also seeking an order that the petition be heard independently, fairly and within a reasonable time among other substantive reliefs.
And Mr Hichilema and Mr Mwamba today filed a motion before Judge Chitabo, through their lawyer alleging that Judge Chitabo is biased and must recuse himself from hearing the petition.
But Judge Chitabo said he only saw the motion which was filed yesterday for him to recuse himself from determining the petition today and thus adjourned the matter to tomorrow, Thursday 16 March 2017.
If Judge Chitabo refuses himself from hearing the preliminary issue, the matter will be allocated to a new Judge.
Among other things both Mr. Hichilema and Mr Mwamba are seeking is an order that the manner in which the Constitutional Court construed the 14 days in Article 101 and 103 was ultra vires Article 18(9) of the Constitution.