The case in which the opposition UPND is seeking to push High Court Judge Chitabo step aside from hearing the petition matter has been adjourned.
The UPND wants the Judge to recuse himself alleging that he is compromised.
The Judge Chitabo recusal notice motion which was allowed yesterday came up for hearing today.
The UPND lawyers this morning argued on behalf of UPND President Hakainde Hichilema and his Vice President Geoffrey Bwalya Mwamba as to why UPND is of the view that Judge chitabo does not hear the UPND matter and that the matter be transferred to another judge.
After hearing, Judge Chitabo adjourned the matter to 11th and 12th April to allow the Attorney General Likando Kalaluka to respond to the UPND’s arguments.
This is a preliminary issue raised in the case in which Mr Hichilema and Mr Mwamba petitioned the High Court over the Constitutional Court decision to throw out a presidential petition for want of prosecution following the expiry of the 14 days period in accordance with the Constitution, among other substantive reliefs.
Other reliefs sought included an order to declare that the manner in which the Constitutional Court interpreted the 14 days in Article 101 and 103 was ultra vires Article 18(9) of the Constitution, which infringed on the rights of the petitioners.
Yesterday the petitioners have since filed a notice of motion for recusal and for an order to transfer the case from Mr Justice Chitabo.
“That there is reasonable cause to question his lordship’s impartiality in this matter on the ground of personal bias or perceived bias in his conduct of the proceedings; and
“That his lordship cannot otherwise preside over this matter due to a conflict of interest which disqualifies him from so presiding,” they applied.
Mr Hichilema and Mr Mwamba have previously accused the court of being impotent, incompetent and biased especially after the various complaints submitted against the Constitutional Court judges currently before the Judicial Complaints Commission over the conduct of ConCourt president Hildah Chibomba, Justice Annie Sitali, Justice Mungeni Mulenga, Justice Margaret Munalula and Justice Palan Mulonda.
They just never seem to learn about front loading the case with nonsensical preliminary issues. Who knows what will be next issue they will use. Am sure they will say the whole High court have to recuse themselves because they are not ICC. Is there an expiry date on this nonsense reloaded?
They had the 14 days and front loaded with preliminary issues and now they are doing the exact same thing? Do these two losers really want Justice?
I have never seen such quick Brain Degeneration as in HH and GBM. Menace to society
The UPND and their lawyers are extremely incompetent.
UPND and their lawyers lack understanding of basic law.
The constitution in article 279 states as follows:
(b)if the last day of the period is a Saturday, Sunday or public holiday (“excluded day”), the period shall include the next day;
(c) where an act or a proceeding is directed or allowed to be done or taken on a specified day and that day is an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken the
next day; and
(d) where an act or a proceeding is directed or allowed to be done or taken within a time not exceeding six days, an excluded day shall not be counted in the computation of
the time.
Now, anyone who does not understand this basic article…
Now, anyone who does not understand this basic article cannot defend a case.
The commencement of the case was on Friday when the petition was filed because the filing-in day was not an excluded day.
Where the timeframe does not exceed 6 days, the excluded days are not counted in the computation of time.
Otherwise the excluded day form part of the count – and in the case of the expired petition 14 days is clearly more than 6 days – thus all the excluded days ( weekends and holidays) were countable.
@Peace for Zambia: If 14 days included Weekends, why was the Concourt not sitting during the weekends to deliberate on the case? The Concourt Judges on the 14th day (on a Friday) decided to extend the hearing by another 4 days (Monday to Thursday). Were the Concourt Judges not learned to interpret the meaning of 14 days? I’m not a supporter of any political part but Justice must be seen to be done in a non partisan manner.
@ 1.4 Kgosi,
That is the problem we have – people are not able to understand simple statements.
The law does not say judges shall meet for 14 days; it says the petition shall be heard within 14 days.
What this means is that whether they meet once, twice, three times etc, they must hear the case within the 14 days.
Don’t tell me that when they say the case must be heard within 90 days for parliamentary petition, then judges shall sit everyday for 90 days.
To help you with understanding shall I say that even for such 90 day timeframe, the judges may just sit twice and hear the case – except the two sitings must fall within the timeframe of 90 days.
Does that help or we still have a challenge?
Are UPND lawyers among those suspended by LAZ? if not, they too need to be among the list. So the game plan is to drag this issue up to the next elections and make it a campaign point that the election was stolen from them. Silly chaps.
@Peace for Zambia: For those of us who are novices in Law, help us understand by answering this noble question. When the Presidential Petition was submitted to Concourt, who was supposed to guide the deliberations in Court and who was supposed to determine when to hear and conclude the Petition? Is it (a) The Petitioner’s Lawyers or (b) The Concourt Judges. Did the Petitioners have power to force the Concourt Judges to start hearing their evidence or this power was vested in the Concourt Judges?
Your honest answer to these questions will help many of us who are ignorant understand the application of this 14 days rule.
@1.7 flag Kgosi,
The responsibility to interpret law and do the right thing during case hearing is depend on the lawyers that represent the two parties – the plaintiff and the defendant.
While the judges may give guide and direction during the proceedings, they are not bound or obligated to interpret the law for you at the stage of hearing, but at the stage of ruling.
This is why you hire a lawyer, and not your neighbour just because he looks nice. You hire a learned colleague because it is their responsibility to argue the case for you.
So as a lawyer you cannot accuse the judges of not explaining the law to you during hearing – they are not your law teacher, but are there to judge the case.
@ Peace for Zambia
Please help these two foo!s’ legal team understand the meaning of 14 days by explaining to them the way you have elucidated in your posts. Thank you so much I have equally benefited from your blog. From now on I now know these two clowns are just wasting and abusing the courts!
These boys are enjoying the courts. Kekekekekekekekekeke. This is why it’s said get used to something and you’ll get addicted . The under 5 boys are now addicted to playing in the courts of laws.
F00LING THEIR FULLISH FOLLOWERS.
Let justice prevail. We don’t want our lovely Country to become a banana Republic because of putting wrong people in Office. If God is on our side who can be against us? If anyone forces himself to rule it will be like Ananeus and Saphira in the bible. No man is greater than God.
Unfortunately, Zambia is a banana republic where the incompetence and corruption of the judges is guaranteed.
@ Mateo
It’s got nothing to do with GOD but a lot to do with the folly of the 2 foo!ls and their stale-brained legal team! Talk about groping in the dark!
That’s the problem of our compromised court. Lungu is using the court to benefit himself. I believe that H.H. and GBM are fighting a loosing battle and the court will continue adjourning this election petition case until we reach 2021 elections. So it will be just an academic exercise. Even if you do this evil act lungu you will not be there forever days are numbered for you. Shame!
How is Lungu doing this. Asking preliminary issues?
It does not matter as long as it is heard so that in future no one will be allowed to rig elections with impunity like Lungu and crew.
Shadreck you are the most foolish,naive and blind person. Actually you are in stupor state
Ala ka hh kaleishupafye!! Kale kaamba ukulusa bt takomfwa ubukali so kalibelela kukalekafye tumone ifyo kalefwaya. Otherwise, nikapususufye uyo… Luza ni luza
When will these issues end?
It will be Adjournement after adjournement until 2021 !
So now these dudes will not be in plot one by yesterday as professed by their supporters, no icc,icj,no un,sadc.this is getting nice , so your gullible followers will still be having hope in them. Guys you cant cheat always, own up and accept defeat, you have no case hence your shifting of posts every time you near. So fooling your followers
Next they will appeal to the Matero Local Court . . .good luck clowns
Mean while matero police have refused to hear the complaint and open a docket against KZ for his assult on a police women while he tried to force his way onto the medals podium.
The assult is on video.
And what has that got to do with the adjournment?
Comment: Preliminary hearing again and if Chitabo recuse himself from hearing this issue, i see this case going on up to 2020.
@11 Cc, no problem with that, but 2021 is better. UPNDonkeys….kikikikikikikikikiki
The Judiciary is the only surviving wing of govt that can preserve democracy. When courts are compromised, we are doomed.
I LOOK FOR A DAY WHEN ZAMBIA WILL HAVE A CHIEF JUSTICE LIKE MOGOENG MOGOENG
@13 Corrupt envelope, our Chief Justice Ireen Mambilima is as good as any. Is your problem the fact that she is from a region that hh has tribally condemned? But we know how hh came to power and what he stands for.
@ Terrible, Ireen Mambilima is the worst Chief Justice this country has ever had. My opinion is premised on her failure to make decisions on matters such as; Mmembe’s request that Sunday Nkonde should recuse himself as he is conflicted; this Chitabo case etc. As the head of the judiciary, administratively, the CJ can instructed the Judge-in-charge to recall a case file and allocate it to another judge where issues as above are raised. Remember the Judges Kanjimanga, Musonda, Nigel Mutuna and Wood V. The JCN (Development Bank Matter). ACJ Lombe Chibesakunda acted when the complaint was lodged. Its better to make a decision either accepting or rejecting the application to move the case file rather than just keeping quiet, which Ireen Mabilima is doing. She has no b#lls and is the worst…
What a shame of a judge this senile Chitabo is. The law is very clear when a litigant makes an application requesting a judicial officer (in this case Chitabo) to recuse himself on the ground(s) of conflict of interest or bias and/or perceived bias, the judicial officer must make a ruling either accepting or rejecting that application. Its strange and unheard of for a judicial officer to whom that application has been made to wait for a response from the opposing litigant in determining such an application as it is not directed at the opposing litigant but the judicial officer. Judge Chitabo please read through the Judicial Complaints Act and there is a plethora of case law. What a country!
This application is a non starter. Reasons being if the judge recuses himself he is in principle saying yes he is biased. This will clearly open up enquiries and possible disciplinary action for being partisan. I dont see how the judge will be able to shoot himself in the foot on this one
The two rich f00ls have started preliminary issues. Do these still born politicinas have any real issue to present. I doubt.
@Terrible -your comment is terrible and I’m not responsible for your ignorance.
I had a lot of respect Justice Mambilima but she’s lost at the moment. How long does it take to constitute a tribunal? She’s failing to make just decisions as alluded to by AVOLATRO and thereby compromising the title CHIEF OF JUSTICE.
HH IS NOT FOOLISH. HE IS TRYING TO KEEP HIS BLIND FOLLOWERS BUSY IN THE UNSUBSTANTIATED BELIEF THAT THE PETITION IS STILL BEING HEARD AND THAT IS WHY HE SHOULD HANG ON TO THE PRESIDENCY OF HIS PARTY. THE CASE WILL KEEP ON TAKING TURNS AND TWISTS TILL 2021. HH IS STILL LOOKING FOR LOOP HOLES IN THE WHOLE SYSTEM EVERY TIME FINDING A NICHE THAT WILL KEEP HIM HANGING ON TO THE PRESIDENCY OF UPND. IN SHORT HH IS TAKING ADVANTAGE OF HIS POOR FOLLOWERS.
Hh is going nowhere. Is it frustration or money that has gone to that donkeys head? Or is it the rm or himself? Or is it his original regional objective for which he was installed? Or all five?
What does it mean if i ask you mmd chief ponyoponyo front cadre to recuse yourself ? The honorable thing to do is get out way like what constitutional court judge Enoch mulembe did, he didn’t wait for the attorney general make a decision for him, so iwe mmd chief ponyoponyo front cadre when i ask you recuse yourself, don’t wait for your father to make a decision for you.
You had a lot of respect for Justice Mambilima until Hh revealed her tribe to you, why beat about the bush?
Oooh ooh, OK since you have started the tribal sh*t tell us what tribe she is, we shall be delighted to know that, if it makes you feel nice.
The Judge should simply answer to the accussations and recuse himself. This is very strange that a Judge is clinging to the UPND Petition while his Principal is also clinging to State House. Lungu does not understand that to stay in State House he needs to demonstrate to the Nation in Court, that he won the 2016 Presidential Election. Since Lungu says he won the Election and Luapula Provincial votes made him meet the 50% + 1 vote threshold why does he Not produce these statistics in Court?For 6 months Lungu has been blocking the Petition Hearing. Why? The guilty are very..very afraid. This long adjournment means Lungu continues to use delaying tactics while prolonging his illegal stay in State House. SADC and the Commonwealth visitors to Zambia have seen that there is no longer Rule of…
@Mumba! Baba mwasoba. President Lungu cannot go to court to prove election results. In law, the burden of proof lies with the complainant not the defendant. Currently there is NO petition hearing under any court local or international. What is in court is UPND asking the court to determine whether the Constitutional Court infringed on their rights to be heard or not. The outcome does not mean nullification of election results or overturning. The constitution is clear that the decision of the Constitutional Court is final and no subordinate court can overturn a ruling of a superior court.
You seem not to trust the Judges and you accuse them of all sorts of rubbish. The go to your asses for justice and stop displaying dullness here
Unfortunately there is no judge worth his salt in Zambia today who will recuse himself because he happens to have a wrong name or because UPNDonkeys say so…..and it is only in Zambia today that donkeys can demand such recuse without shame. Not anywhere in southern africa can you hear such, not even in Mugabe’s country can you hear a ndebele demand a shona judge to recuse himself because of his tribe…it is taboo except among donkeys, UPNDonkeys.
Imagine someone is told to excuse himself, ninshi chinshi chishupile aba ba shikulu chitabo, iwe chitabo tatulekufwaya, sela.
Divide and Rule,ndiwe chipuba!!
Don’t argue, we know that it is embedded in hh’s genesis. Ackson Sejani is still alive, ask him. Or Munkombwe for good measure.
You arguing with me? Sela apa shetani iwe, other people won’t know who is a pf ool between you and i.
I am very uhappy with these long adjournments. Justice Chitabo should simply respond to the accussations and recuse himself. This should be done in a few hours rather than 3 weeks. Why does the AG have to give an opinion to the Judge on whether or not he should recuse himself? In the presents of visitors from SADC and the Commonwealth Justice Chitabo and the the ever bungling AG Is further tainting the image and reputation of the Zambian Judiciary . Why? The Petitioners will Never get Justice from Lungu’s controlled Courts. Its time to move the Petition to ICJ.
Why argue, we know that it is embedded in hh’s genesis. Ackson Sejani is still alive, ask him. Or Munkombwe for good measure.
Just to hear the petition is a problem imwe ba poverty forever. The longer it takes, the more majority Zambians will be convinced that pf stole the vote.
The two foolish fools still struggling again.The two under 5 boys are just addicted to the courts of law
The UPND and their lawyers are extremely incompetent.
UPND and their lawyers lack understanding of basic law.
The constitution in article 279 states as follows:
(b)if the last day of the period is a Saturday, Sunday or public holiday (“excluded day”), the period shall include the next day;
(c) where an act or a proceeding is directed or allowed to be done or taken on a specified day and that day is an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken the
next day; and
(d) where an act or a proceeding is directed or allowed to be done or taken within a time not exceeding six days, an excluded day shall not be counted in the computation of
the time.
Now, anyone who does not understand this basic article cannot defend a case.
The commencement of the case was on Friday when the petition was filed because the filing-in day was not an excluded day.
Where the timeframe does not exceed 6 days, the excluded days are not counted in the computation of time.
Otherwise the excluded day form part of the count – and in the case of the expired petition 14 days is clearly more than 6 days – thus all the excluded days ( weekends and holidays) were countable.
@Peace for Zambia: For those of us who are novices in Law, help us understand by answering this noble question. When the Presidential Petition was submitted to Concourt, who was supposed to guide the deliberations in Court and who was supposed to determine when to hear and conclude the Petition? Is it (a) The Petitioner’s Lawyers or (b) The Concourt Judges. Did the Petitioners have power to force the Concourt Judges to start hearing their evidence or this power was vested in the Concourt Judges?
Your honest answer to these questions will help many of us who are ignorant understand the application of this 14 days rule
@ Kgosi,
The responsibility to interpret law and do the right thing during case hearing is depend on the lawyers that represent the two parties – the plaintiff and the defendant.
While the judges may give guide and direction during the proceedings, they are not bound or obligated to interpret the law for you at the stage of hearing, but at the stage of ruling.
This is why you hire a lawyer, and not your neighbour just because he looks nice. You hire a learned colleague because it is their responsibility to argue the case for you.
So as a lawyer you cannot accuse the judges of not explaining the law to you during hearing – they are not your law teacher, but are there to judge the case.
@Peace for Zambia: I do not agree with your argument Sir/ Madam. The Concourt Judges are supposed to guide and interpret the Consitution during a hearing. Let us suppose the Petitioners presented their witnesses up to the 14th day and no time for the PF and ECZ lawyers to counter the evidence, was the Concourt going to leave the case hanging or rule in favor of the Petitioners based on evidence given?
The two ifipubas in red are at it again. Delaying their own case to win public sympathy.
This chap HH is the a very bitter person who doesn’t have leadership qualities and wants to bring animosity to our beautiful country. For heavens sake can’t this chap move on? I’m sick and tired of listening to stuff that don’t move the country forward. No wonder he keeps losing election after election. God knows the reason why. I don’t support any political party but this man is not the right man to lead, he seems to put his interest first than the country.
Chitambo is just wasting our time. What vested interest does he have in this petition for him to cling on to it. Even the adjournment is ill conceived. Remember commonwealth and SADC, ICC are now in the game. Your end will be dishonorable.
Hazaluza Hagain!
HH is the worst politician Zambia has ever had!!this man has divided Zambians badly.he has polulated the minds of many tongas.naturally many tongas are good people,but upnd leaders have turned them into tribal1sm followers.upnd is demanding judge Chitabo to rescue himself simply because he is bemba this is how upnd hate bembas!!one wonders why GBM cant open his eyes and see that he is simply being used by HH!!!Anyway the petition collapsed after 14 days ended in August 2016!!!
It’s you who has put bemba in front of chitabo’s name, while upnd has put judge with inclinations to pf in front of chitabo.
This insatiable appetite for political power by most of you my brothers from North is not helping you either, it has yielded very little results, it’s time to wake up my brothers galamukani, instead of your insatiable appetite for political power, it’s time for you to have insatiable appetite for economic power.
Galamukani.
I thought you pf officials went to Israel to learn about kibbutzim.
Well this side of Zambia we shall continue cooperating, keeping the wealth within, and you will continue complaining ati bali itemwa, it important to love yourself, you can’t love another person if you don’t love yourself.
Our basic principle is cooperation.
Galamukani.
This was expected. This issue is very simple. Lungu knows that if he allowed the Petition to be heard in Court the Court will find that apart from cheating Lungu lost the Election outright to HH. Lungu has to avoid the dreadful and suicidal Petition to prolong his stay at State House, though illegal. The Gambia situation is being replayed in Zambia. Lungu will buy time and avoid the Petition Hearing and make it difficult for a Court to give a Verdict saying HH won the 2016 Election. Whenever a Court says HH was the Winner. Lungu will contest that Verdict and refuse to handover power to the Winner HH. When that happens u have a crisis similar to that of Adana Barrow and Yahya Jammeh in Gambia. U will need an Ecowas solution to resolve the Zambian crisis at that stage. Meantime Lungu will…
No matter how many delays this illegitimate govt for ECL the most spineless president who is controlled by even a presidential advisor called Kaiser and the master of corruption called Rb. mambilima should clean up her house because her reputation as a judge is also at stake let her name not be drugged into the mud together with the dirty people ECL,Kaiser and Rb she can still salvage what ever little reputation she has by demanding that this case is disposed of quickly a bad judgement is better than delaying the international community is watching. ECL and his monkey tricks of delaying must stop.
Political battles are never won in court,HH and GBM have got no jobs to do.
The Adjournment is working according to Lungu’s Plan. No Zambian Court will be allowed to hear the dreadful Petition becoz to hear it in Court is as good as Lungu committing suicide and Lungu wont do that. Even if the Petitioners moved the Petition to ICJ Lungu will not cooperate with that Court. If that Court declared HH the Winner of the 2016 Presidential Election, Lungu will refuse to handover power to HH. The Gambian Scenario is set. Ecowas moved in and used Diplomacy, Constitutionalism and sheer Military Force to dethrone Yahya Jammeh. Can SADC do the same in Zambia? Zambians will have to shed more blood to recover their stolen vote from Lungu. That is the sober reality that Zambia faces today.
You are a joker, and a dreamer who makes errors even in dreams.
The courts have no power to declare anyone a winner.
The only institution that has power to declare a winner is ECZ.
The courts can only nullify the results (which means no winner) or uphold the declaration made by ECZ. Take note: they can only uphold or nullify – not declaring, they don’t have that power.
So when you talk, please try to understand what it is that you are talking about. Don’t be like Mr Bean who finds people laughing, he also starts laughing without a slight idea what they are laughing about.
Ladies and Gentlemen, the adjourned case nor the case which Judge Chitabo should recuse from are not petition cases, the petition case was a non-starter in the concourt due to delaying tactics of the petitioners just as they are doing now.
Well, HH’s idea is that once the high Court rules that his rights to be heard were violated then he can grounds to push for the resustation of his expired petition
What HH forgets is that he violated the right to be heard himself.
Tom and Jerry trying to be friends…LOL