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Alba Iulia
Wednesday, January 22, 2020

It is possible for the courts to overturn the 2016 Presidential Election-Charles Kakoma

General News It is possible for the courts to overturn the 2016 Presidential Election-Charles...

Charles Kakoma
Charles Kakoma

United Party for National Development (UPND) spokesperson Charles Kakoma has said that it was possible for the courts to overturn the 2016 presidential election results.

Reacting to Rainbow party leader Wynter Kabimba’s comments that UPND is chasing wind by hoping for the courts will overturn the 2016 presidential elections and declare Hakainde Hichilema as dully elected head of State, Mr Kakoma said that UPND are seeking justice in Court.

“This may not happen in Zambia but it has happened elsewhere, we have gone to court because we are seeking justice,” Mr Kakoma said.

Mr Kakoma claimed that even Jesus Christ is aware that the UPND won the election.

During a Hot FM radio programme dubbed The Hot Seat, Mr Kabimba said that UPND was chasing the wind by believing that the courts of law will declare its president Hakainde Hichilema as head of State.

Mr Kabimba, a lawyer and former Minister of Justice and Patriotic Front secretary-general, said that what the UPND ought to do instead is to make a bold political decision and accept that President Lungu is head of State.

Mr Kabimba said the UPND must forget about using the courts of law to mobilise itself because it is chasing the wind.

“UPND will make history if they are going to get the decision of the courts that Edgar Chagwa Lungu is not President and HH is the President. They will make history and Christ will thank them,” he said.

The Rainbow party leader said political parties that have succeeded like the PF did in 2011 have had to make very difficult decisions after taking into account the political situation in the country.

“This will be the first time in my over 30 years of practising law and over 50 years of reading history, especially about Africa, that you are going to find an election nullified or annulled in the courts of law,” he said.

Mr Kabimba said the UPND needs to distinguish between a legal problem and a political problem.

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69 COMMENTS

  1. My advice to Kabimba is to talk about Rainbow party issues assuming Rainbow party does exist. He will become like Mike Mulongoti who has never commented on his party but always commenting on other people’s parties. Anyway PF is the worst government to have ruled Zambia despite the fact that I don’t like UPND

    • It was nice to hear Eclipse say that those who are aggrieved with election results, to seek the courts intervention and ECZ because it ECZ that declared him winner, in short he was saying he doesn’t even know how he” won”.

      UPND is right to go to court.

    • GUYS, IT IS TIME TO WORK. TIME FOR POLITICKING LONG WENT WITH THE VICTORY OF PF AND ECL AS PRESIDENT. THIS FIGHT BY UPND IS NOTHING BUT ABOUT HAKALUSA HAGAIN. WHY IS IT THAT NOT EVEN ANY OTHER POLITICAL OPPOSITION PARTY SUPPORT THE FIGHT BY UPND? THE DECISION ABOUT THE WINNER HAS ALREADY BEEN MADE ECZ SUPPORTED BY THE INTERNATIONAL COMMUNITY. IF HH AND SOME UPND MEMBERS ARE SO MUCH AGRIEVED, KAIKULIKENI, FYE CHIPWILEMO. TULEFWAYO KUBOMBAKO FWEBALI SERIOUS.

    • We need to be careful about being led by misguided emotions rather than facts. Emotions are fantasy while facts are truth. Truth about petition is set out in art. 103 of constitution. UPND was supposed to file petition within 7 days from declaration of winner which they did. UPND was supposed to serve petition & be heard on evidence within 14 days of filing but served petition late & presented no evidence to be heard. Now Jesus represents Truth & only Truth can set one free. Holding on to a lie which everyone can see is not only prison but loss of reputation.

    • Mushote you are the real deal. I therefore nominte you as the new and rightful BB 2016 because of this good analysis. You are a great ‘analyser’ . The nomination is effective tonight UK time also due the the on going dispute between the Mushota and NEZ bisiness. You know what, can’t be asked

  2. We the people say we are tired of being cheated by politicians. Winter is justifying cheating as a political reality.

  3. Kikiki kabimba party is as irrelevant as a used condom. I told this boy kabimba when he got fired that it was best for him to join an established party than create his own as he was the most hated man. Now all he can do is talk about upnd for attention. If we have a fair and just panel to hear the petition then people will accept its outcome. However if lungu again tampers with the courts then he will end up dead if he not careful because annoying half the country leads to assassination which we in upnd will have no control over. We see these things happen wield wide

    • You must be mad and a wizard, why do you always talk about ECL dying?Anyway, since you are not God that won’t happen. Ati half of the country Kikikiki! Which country are you talking about? Not the zambia that I live in because 3.5 provinces out of 10 can not be half of Zambia. All UPND morons have now gone craze, you are now even involving Jesus in the bull crap you are creating in the country.

  4. UPND has nothing to offer this game is died and buried and weather this election was a fair or not,its time you moved on and started planing ahead. You can’t go on telling everyone that they have stolen from you when you can’t prove it and no one is interested to hear you out but yourselves. Look at the next move to avoid the same thing from happening again in 2021. You always behind in planning and thinking. On you the same subject till 2021 and the time you know it will be 2022 and again will be your president.

  5. Kabinda this happened in Ivory Coast in very similar circumstances. In an Independent and Competent Court Lungu will lose the Petition. The issue will be if Lungu is disqualified for stealing the election and abrogating the Zambian Constitution how will Power be Transferred?We need an Ecowas Force in SADC to do this. Lungu is blocking the Petition Hearing in Court becoz he knows his case is dog’s breakfast in Court. Furthermore Petitioners have firm evidence to show that Lungu lost the Election and is illegally in Power. #Let the Petition be heard in Court.

    • This firm evidence that is the bench was looking for in that 14 Days, this firm evidence is what the learned lawyers failed to submit before the con. court. This firm evidence is what the rest are looking for to support UPND massively. Only the truth shall set us free and not allegations against each other. Zambians are people who easily change once they know the truth. Soon PF will clocking 1 year in this term, 4 to go. Even if Lungu is assassinated as NEZ puts it, there will be no bye elections Bo Inonge will coolly take over. That is what the current constitution says. Where does this leave our formidable opposition party UPND. If this juggling gets UPND to 2021what is going to happen? Will you walk out because the organising government is illegitimate? UPND you really need to come to…

    • Thelder Ivory Coast incident waso different in that the electoral body declared the opposition leader elected while the constitutional court declared it null and void. In the case of Zambia the electoral body declared incumbent winner and the constitution court got limited by the provisions to hear the case. The Ivory Coast opposition’so win was heavily supported by the election observer while in Zambia nothing. The President of Ivory Coast was roundly told to vacate office by the international community while in Zambia nothing. Please do some reading about elections in other countries before you write.

  6. Typical Bemba man.
    Let the petition be heard and we will accept the outcome.
    By blocking it shows that lungu has something to hide.

    • You won’t accept the out come because that is your nature, so it is better not even to hear it. You wasted time submitting cow dung to con court instead of evidence, so from what we know about you, the response won’t be different if you loose the case, you will still continue talking rubbish and disparaging our judiciary.

  7. Tonga party is not realistic and your lawyers are fooling you. Nothing can be heard now.you can’t extend 14 days to suit you cattle shearers

  8. If you have ever seen a man having monthly period then upnd will be declared winner .
    Lunshi nangu apupuke shani takabepo ichoni,
    No matter how a fly flies it will never be a bird . This is HH kind of speech that he needs to know

  9. Surely its just logical for these guys to come back to there senses. Nothing of that sort can happen to a legitimately elected and recognised world over government. People like NEZ and HH should be behind bars for wishing lungu assasnation

  10. Under5 party….keep on dreaming, you pigs go for a conversation…The son of the d.evil is trying to avoid the conversation, wanting to hold on to the presidency of the sat.anic party called upnd, You have your last chance kalusa…Step down and allow new people.
    Chi.satan hh

  11. Wynter Kabimba only speaks facts on this matter. “This will be the first time in my over 30 years of practicing law and over 50 years of reading history, especially about Africa, that you are going to find an election nullified or annulled in the courts of law,” The fact that the petitioners and their lawyers FAILED SPECTACULARLY to present a single shred of evidence, is INDICATION that the issue is DEAD!! Then for the spokesperson to claim that even Jesus Christ knows upnd won the election…THIS IS CLEAR TESTIMONY THAT THIS GROUP OF LEADERS AT UPND HAVE NO STRATEGY TO INSPIRE ZAMBIAN VOTERS TO CHOOSE THEM, IT IS CLEAR WHY THEY HAVE BEEN REJECTED FIVE TIMES!!!!!!!!!!!!!

    • @ Zambian Citizen

      Kabimba may have practiced law for 30 years but has NEVER won single case as a lawyer

    • @ECL
      Still doesn’t change the fact that he is right: upnd and hazaluza hagain is chasing the wind if he thinks the courts will install him as president of Zambia. No wonder another lawyer, Makebi Zulu who is Eastern Province Minister echoed the same thing: THERE IS NO PETITION TO BE HEARD!!

  12. What happens if the courts upheld Lungu’s declaration, what wii Mr Chilema tell us next?

    • …the judges are thugs, criminals, they have been bribed by Lungu…YOU KNOW THE USUAL RUBBISH. He will only smile if he is given the presidency on a silver platter…..

  13. Ati even Jesus knows that UPND won the election, total madness! Of course Jesus knows that UPND morons have gone mad, how on earth can someone win an election with 3.5 provinces out of 10? Two of which are densely populated with most voters? We are really tired with this nonsense of election petition.

  14. It’s a united party for national dunderheads(UPND). So don’t argue with them they will not see any sense in whatever you say. Wynter is right.

  15. He’s really chasing the wind.August 2017 will mark one year and you’re still dreaming mwata

  16. Keep on chasing the wind Mwata Kakoma.but recall that you will dream until 2021.whether you hate Wynter Kabimba or not,what he said is the gospel truth and no two ways about it.no court in Zambia will hand over the presidency to HH before next elections in 2021-NEVER!!!JUST MOVE ON AND ORGANIZE YOUR REGIONAL PARTY UPND TO GAIN NATIONAL STATUS IF YOU CAN!!

  17. So now Charles Kakoma is a new JESUS CHRIST spokesperson?amazing!!when did Jesus tell Kakoma that HH won 2016 elections?hey shocking.wonders never end in life!!!is Kakoma normal to believe that HH won after winning in 3.5 provinces only?ECL came out first in 6.5 provinces but still upnd wanted him to lose,how?upnd followers are indeed mad!!

  18. njimbu the people of barotseland have just announced to you the people who the winner is. its possible now for the court to have a direction in case they didnt know or were not sure. let the petition be heard and rest is clear. iam sure you know now who is irrelevant in the zambian politics.

  19. Kakoma is Right. In an Independent and Competent Court the Petitioners have a very good case. There is glaring evidence to show that Lungu was not Democratically and Constitutionally elected President of Zambia. Legally Lungu abrogated the Constitution in many ways and that will work against him. By refusing to resign and handover power to the Speaker of Parliament Lungu committed Treason against the Constitution. Concourt failed to declare Lungu the Winner and Duly Elected President. On the Election side the Poll was not free and fair.ECZ need to explain what Emmanuel Chavula was doing in the Server Room and how it announced total votes without Gen12 Certificates. Lungu has been blocking the Petition Hearing in Court becoz he knows he lost the Election,stole it and is clinging to State…

  20. @blackbull-cow:its HH who is irrelevant in our local politics.amend the constitution for your petition to be heard.remove the 14 days time frame because as per current constitution which your HH cried for,your petition died after 14 days ended.but since you people in upnd do not listen,you will keep on making noise over a dead issue.FOR YOUR OWN DATA,CURRENTLY THERE IS NO PETITION IN ANY OF OUR LOCAL COURTS!!!THE UPND PETITION FAILED A LONG TIME AGO(IN SEPTEMBER,2016)!!!STOP DREAMING PLEASE!!!

  21. Kakoma should not bring the name of Jesus in mundane issues.The name is above any other name.Politicians are liars who should not be equated to the name of Jesus.They have created miserable life among the citizenry because of their lies.They will stand before the same name they are mentioning in vain because of their lies.

  22. Mr Charles Kakoma, is that meant to be a sick joke? I am sure you had a good laugh at yourself the moment you said that……Didn’t realise that UPNDonkeys do have some sense of humour after all!

  23. In an Ethical Court unlike Concourt where Judges were bribed by Lungu ,the Petitioners will win the Petition hands down. The Legal issues are very clear. Concourt failed to its job ethically and Professionally. Concourt did not hear the Petition and did not Nullify the Election or declare Lungu the Winner and duly elected President. Concourt violated the Constitution and did not what they are mandated to do by the Constitution.Instead Concourt sought to “dismiss” the Petition on the basis that 14 days had expired. There is no law in the Constitution mandating Concourt to dismiss the Petition. The action that Concourt took is ultra vires the Constitution and therefore Null and Void. The 14 days argument is a scapegoat but is a nullity at law. Lungu abrogated the Constitution in several…

    • @Mundia YOU HAVE SAID THAT “Concourt did not hear the Petition”. IS IT DIFFICULT FOR YOU TO UNDERSTAND THAT YOU CAN ONLY BE HEARD WHEN YOU SPEAK? THE LAW STATES THAT YOU HAVE TO SPEAK WITHIN 14 DAYS. HOWEVER VALID YOUR POINT IS, IT CAN ONLY BE LISTENED TO OR HEARD WITHIN14 DAYS. IF HH HAD VALID REASONS, WHY DIDNT HE SPEAK WITHIN THE 14 DAYS? HE CHOSE TO TALK ABOUT IRRELEVANT PRELIMINARIES WHICH HAD NO BEARING ON THE PETITION WHATSOEVER. SO HIS CASE HAS NOT BEEN HEARD BECAUSE HE DID NOT SPEAK. WHEN THE FOOTBALL MATCH HAS FINISHED AFTER 90 MINUTES, YOU CANNOT SAY THAT , NO I DID NOT USE MY OTHER STRATEGY, SO LET ME BE ALLOWED TO USE MY SECOND STRATEGY. TOTAL FOOLISHNESS. IN FACT, IF HH HAD ANYTHING TO SAY, HE COULD HAVE SAID IT RIGHT THERE AND THE. BUT IT IS CLEAR, HE HAD NOTHING, BUT…

    • @ Chisenga; Supposing the petitioners presented the evidence up to the 14th day, what was going to be the verdict by the Concourt? If you are impartial, you can clearly see that this 14 days clause was crafted way back before the elections to justify What happened in Aug 2016. Let the petition be heard so that we can move on as a country.

  24. @NEZ you have pathological hatred for President Lungu, he will not be assassinated but you will very soon die. Wherever you are or who ever you pretend to be death is on your door step.

    • Kikiki while you wish me death nili na ba madamu bobe kuno ku kuomboka you silly willy

  25. @NJimbu, I agree with you HH and GBM are not politicians but business men who found themselves in politics. Most of the senior members of UPND are not career politicians hence they can not advise HH and GBM, unfortunately most of their members are full of hatred and insults.

  26. If Lungu won the elections, why can’t he facilitate the State to hear the petition in the name of the democracy he talks about? Arguably, Lungu knows that he never won the elections and it is for this reason that he cannot settle!

  27. In your dreams iwe Kakoma with you minions…. Which things will the court overturn? That’s being too shallow…
    There is no Presidential Petition anywhere in our courts… The last Presidential Petition ended after the 14 days expired last year,2016..
    Any way, you have to eat. I know that you will have no money from your paymaster if you don’t say anything to fool him.

  28. @Simon says….:is it Edgar Lungu who blocks the upnd petition from being heard or our constitution says it has to be heard with 14 days?is this very difficult to understand?dont you know that ECL cannot change anything (including 14 days) in our constitution?WHAT KIND OF CREATURES ARE YOU GUYS IN UPND?amazing.thats why you have allowed your tonga god HH to abrogate upnd constitution with impunity since 2006.the dictator (hh) has never allowed upnd convention since 2006 and no tonga cares about it.THIS IS THE SAME NONSENSE YOU WANT HH TO DO TO OUR WELL RESPECTED ZAMBIAN CONSTITUTION?MY FOOT.LET HH HUNG AS NO COURT IN ZAMBIA WILL HEAR UPND’S FAILED PETITION.14 DAYS ENDED IN SEPTEMBER 2016 AND ITS GAME OVER UNTIL 2021-PERIOD!!!

    • The truth of the matter is those judges at concourt were paid so that they throw out petition. CJ mambilima did not swear in Meno meno he was sworn in by a registrar. Then we all saw the person the thieves from pf brought from Uganda a Mr Chavula who was in the Ecz server room changing figures.Chitilika was annouced but no such constituency exists this is why up to now they have never given the breakdown of all the constituencies.In short meno meno never won the elections. He refused to concede because of the biggest thief in Zambia called Rb who was scared that HH will arrest him

  29. Kabimba says he practiced law for 30 years. Where? Never heard of him as a prosecutor of defence lawyer. Which big case has be handled? Has he ever successfully defended a coup plotter or treason trial? No! He was just a clerk at a council drafting eviction notices, warrants of distress and tenancy agreements.

    If he was a real lawyer, he would know the concourt was influence to bungle the petition.

    • Does it mean that in order to be a good lawyer, you have to handle a coup case. Dull Tonga fella

  30. If I were Hichilema, I would just call the press, including BBC, ALJAZEERA, CNN, WATCHDOG, etc, and demonstrate how my election was stolen. That will be more effective than crying to the courts. The failure to see that the case isn’t going anywhere is proof that HH is not as politically clever as he projects himself. We saw how Mushipe and Mwiimbu behaved at Mulungushi during the announcement of results, UPND is a Party without a direction. They’re hiding their shame of losing elections behind the courts, but soon that veil will be removed and they’ll get exposed. Political Under 5

  31. In Zambia the Courts use Working Days excluding Saturdays,Sundays and Public Holidays. On this basis 14 working days expired on 8 th Sept and the minority decision to dismiss the Petition Hearing was on 5th Sept 3 days b4 the Expiry of the 14 working days. At law Time Expiry technicalities are not allowed. The Petition Hearing Process was supposed to start within 14 working days with no deadline. There is no deadline set in delivering Justice. A Court cannot say to a Murder Accused that time for Trial has expired and therefore the Court has sentenced the Murder Accused to the gallows. Thats not how Justice works. The Court should find time to Try the Murder Accused, weigh the Evidence and then pass Judgment after a Full Trial. On the same basis Concourt erred in dismissing the Petition…

  32. Comment: UPND Please study the Zambian constitution since you have failed to read it. Otherwise there is no any presidential petition in our Zambian Courts.

  33. Those that can understand what Winter said can agree with me that what Winter meant is that in an African setting it is very difficult for courts to be free of the Executive. Worse still corruption has taken the better part of those entrusted to deliver justice. That is what I think He meant. It would be posssible if we were lucky to have people of integrity in some of these positions.

  34. t is tru tht hh failed himself & his party in a big way. As things stand the petition is a pipe dream & no 1 can stop any1 4rm dreaming anything. This is constitutional matter which shud hav bn heard by the con court & taking it 2 the ICC is a waste of tym. Anyway since UPND hav a lot of tym 2 waste & dream they free 2 continue . Truth does not change but facts do.
    UMUNTU SANA

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