Minister of Justice has Lied: There is NO Judgement in the Hakainde/Mwamba Election Petition!

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Given Lubinda Minister of Justice Chats with President Edgar Lungu
Given Lubinda Minister of Justice

By Brig Gen Godfrey Miyanda

Recently the Minister of Justice, Honourable Given Lubinda, alleged on ZNBC TV that there was a conclusive judgement on 5th September 2016 by the Constitutional Court regarding the election petition by UPND President Hakainde Hichilema and his Vice President Geoffrey Bwalya Mwamba. This assertion is a lie. In fairness to the Minister and what he called “the PF Government”, I reproduce the verbatim statement and then proceed to analyse and respond to it.

The Minister’s Verbatim (emphasis my own): “..that on the 5th September 2016 when the Constitutional Court passed their judgement over the matter it came to a complete close. There is no election petition that is being heard by the courts of law. The matter that Hakainde and Geoffrey Bwalya Mwamba are following up in the High Court is an issue where they have asked the Court to determine whether they were given their right to be heard by the Constitutional Court or not. It is not the same as the petition. The election petition was concluded and that is the reason why we have a President in Zambia in the name of President Edgar Chagwa Lungu. There is no dispute whatsoever on that matter. Now let us assume that the High Court said to Hakainde that he was not heard that does not necessarily mean that the election of Edgar Chagwa Lungu is nullified. Far from it. And I would like to ensure that the Zambians are told the truth that there is only one incumbent President until 2021. That President is Edgar Chagwa Lungu and his PF. They are the ones in government.” END OF QUOTE. My analysis/response follows.

THE LUBINDA RUMBLE IN LUSAKA – BLOW BY BLOW!

  1. ROUND 1 LUBINDA DELIVERS BRUTAL OPENING PUNCH BELOW THE BELT: that on the 5th September 2016 when the Constitutional Court passed their judgement over the matter it came to a complete close.

MIYANDA WINCES PAINFULLY, THEN BOBS AND WEAVES: There has been NO JUDGEMENT of the Hichilema/Mwamba Petition; this is a fabrication, if not a deliberate misrepresentation. Ordinarily a judgement follows the giving of evidence by the parties to a petition, with the attendant cross examinations, re-examinations and finally submissions (legal arguments). The Court would then retire to consider the evidence and submissions. I was in court on Friday 2nd September 2016 from about 09.30 hours (after being chased from the Court grounds by some strangely dressed uniformed persons – maybe security, maybe PF cadres) until soon after midnight on Saturday 3rd September 2016; no such judgement was delivered in Open Court. Is the Minister confirming that a different Court, otherwise known as a Kangaroo Court, took place elsewhere? If there was no judgement then the Constitutional Court door has remained wide open and hence there was nothing that came to a COMPLETE CLOSE – no Bwana Minister, you have lied that the CONCOURT has delivered a judgment in the Hichilema/Mwamba petition. If the judgement does exist it is a fraud and an actual judicial scandal in Zambia! If what I have stated herein is treason, then so be it!

  1. ROUND 2 LUBINDA ATTEMPTS THE ALI SHUFFLE: There is no election petition that is being heard by the courts of law.

MIYANDA COUNTERS WTH A GUNDUZANI RIGHT BLOW AND A LEFT HOOK: This is political gibberish and not law. The genesis of the Hichilema/Mwamba complaint in the High Court is the premature baby birthed by the CONCOURT. The Petitioners’ claim of “NOT BEING HEARD” is a valid grievance that the Constitutional Court DID NOT hear the petition (that is, receive evidence) nor did they determine (consider the evidence and arguments and arrive at a decision) in terms of the Constitution of Zambia (Amendment) Number 2 of 2016 and the Electoral Process Act Number 35, 2016. Contrary to Minister Lubinda’s judgement, if the High Court holds that the Petitioners were NOT HEARD it follows that their petition is still alive in the CONCOURT incubator and must be nurtured and retrieved therefrom, since one age-old principle of law is that THERE IS NO RIGHT WITHOUT A REMEDY. The Learned Authors in Halsbury’s Laws of England Volume 10 at paragraph 716 state thus “The General Rule is that wherever there exists a right recognised by the law, there exists also a remedy for any infringement of such a right.” In Ashby v White (1703) 2 Ld Rym 138 at 952, Holt CJ held “Indeed it is a vain thing to imagine a right without a remedy, for want of right and want of remedy are reciprocal.” To say that the matter before the High Court has nothing to do with the Petition is hollow and has no legal basis but seeks to oust the jurisdiction of both the CONCOURT and the High Court to deliver justice, even in the face of the so-called 14 days limitation. In Attorney General v Boden and Another (1912) 1 KB 539 at 561 Hamilton, J held thus “Where an issue arises upon the proceedings before the Court, the jurisdiction of the Court to dispose of that issue can only be ousted by plain words.” In Ealing London Borough Council v Race Relations Board (1972) AC 342 at 353 Lord Donovan stated “…Clear words are necessary to oust the jurisdiction of the High Court and there are none in the Act of 1968.” I contend that reliance on the 14 day limitation provision is misconceived as the provision has no express fetter against either the CONCOURT or the High Court and is clearly a departure from well-founded fundamental principles on the jurisdiction of Courts to HEAR AND DETERMINE CONCLUSIVELY matters before them. In Pyx Granite Co. Ltd v Ministry of Housing and Local Government (1960) AC 260 at 286 Lord Simmonds states “…It is a principle not to be taken away, by any means to be whittled down, that the subject’s recourse to Her Majesty’s courts for the determination of his rights is not excluded except by clear words. That is, as McNair J called it in Francis v Yiewsley and West Drayton Urban District Council, a ‘fundamental rule’ from which I would not for my part sanction any departure”. I again defer to Halsbury’s Laws Volume 10 at paragraph 720 where the Learned Authors state, on the ouster of jurisdiction by statute, “The subject’s right of access to the Courts may be taken away or restricted by statute, but the language of any such statute will be jealously watched by the Courts and will not be extended beyond its least onerous meaning unless clear words are used to justify such extension.” Is the Minister of Justice labelling the Petition before the High Court illegal and/or a mere waste of time? That petition is too serious to be wished away, even by the very CONCOURT.

  1. ROUND 3 LUBINDA AIMS ILLEGAL BLOW TO THE BACK OF THE HEAD BUT MISSES: The election petition was concluded and that is the reason why we have a President in Zambia in the name of President Edgar Chagwa Lungu.

MIYANDA COUNTERS FURIOUSLY BY DELIVERING A PAINFUL UPPERCUT UNDER THE JAW: It is a lie to allege that “the election petition was concluded…” since the Petition was not heard nor determined in accordance with Article 101 of the Constitution (Amendment) Act Number 2 of 2016 which was assented to by President Edgar Chagwa Lungu on 5th January 2016. The Presidential Petition is only to be concluded when, AFTER hearing evidence and submissions from the parties, the Constitutional Court makes the following pronouncement in open Court and in the presence of the parties, along the following lines: (a) that the Respondent, in this case Presidential Candidate Lungu, was validly elected; or (b) that Presidential Candidate Lungu was NOT validly elected; or (c) that it was Presidential Candidate Hichilema who was validly elected; or (d) that there was non-compliance with any provision of the Constitution as amended and/or other law, and in this case CONCOURT orders what should happen, for example hold a re-run of the election. I maintain that no such pronouncement or Ruling was given in Open Court either for Candidate Edgar Chagwa Lungu or Candidate Hakainde Hichilema. Hence there is no conclusion as alleged by the Honourable Minister.

  1. ROUND 4 LUBINDA EXECUTES A DUMMY: Now let us assume that the High Court said to Hakainde that he was not heard does that mean that the election of Edgar Chagwa Lungu is nullified? Far from it.

MIYANDA COUNTERS WHILE SHOUTING ‘TAKE THAT’: it means that there is NO JUDGEMENT of the said electoral petition – period!

  1. ROUND 5 LUBINDA ATTEMPTS TO LAND A SPIRITUAL AND MORAL PUNCH BUT MISSES: And I would like to ensure that the Zambians are told the truth that there is only one incumbent President until 2021. That President is Edgar Chagwa Lungu and his PF. They are the ones in government.

MIYANDA IS MOMENTARILY DISORIENTED BUT QUICKLY NOTICES THE TRICK AND REMEMBERS HOW TO RESIST WITH A CHRISTIAN QUIP: The truth that is awaited by all right thinking Zambians is the truth of the evidence to be provided by the witnesses for the Petitioners, the witnesses for the Respondents, the legal arguments by both parties, the determination by an impartial CONCOURT and the final declaration by the same impartial CONCOURT that either Candidate Lungu had been validly elected, or Candidate Hichilema had been validly elected; or that in view of non-compliance with the Constitution (Amendment) Number 2 of 2016 and other law, the ECZ should conduct a re-run of the presidential election. In this regard this MUST be the truth communicated in a judgement by the CONCOURT in this Christian Nation. Why has President Lungu been reluctant to let God reveal the truth through ballot re-counts and truthful evidence tested by rigorous cross examination by both sides?

  1. ROUND 6 LUBINDA ALMOST GIVING UP, PLEADS AND SEEKS PUBLIC ATTENTION, SCREAMING: President Lungu was sworn in.

MIYANDA SCREAMS BACK ‘BOMA YEEEH’ AND DELIVERS THE KILLER ‘FORGERY’ PUNCH: Minister, that is not a credible excuse. A forged cheque does not become good just because it has been cashed!

POSTSCRIPT

On 4th September 2016, before the alleged judgement on 5th September 2016, I wrote a statement titled “Why President-Elect Lungu must Vote Yes for the Concourt Midnight Decision!” which was published by the Lusaka Times (www.lusakatimes.com) on 4th September 2016. In the concluding paragraph I wrote to Candidate Lungu “Finally I believe that you, as a Christian, want the truth of what transpired during the last elections to be established so that our efforts at uniting the nation will be made easier. Please, Sir, I urge you to let the Petition continue and for you to stand up in Court, boldly and truthfully to give your rebuttal evidence.”

My Big Question is: who applied or complained to the CONCOURT to review their decision delivered on Friday at 23.45 hours on 2nd September 2016? Under what provision? Where, when and how was that application/complaint, if any, managed? And, further, if the CONCOURT’s jurisdiction ended at midnight leading to 3rd September, where did the same Court acquire the jurisdiction to dismiss or pass judgement on 5th September 2016? YOU’ALL, ANSWER THIS BIG QUESTION TRUTHFULLY!

I have said my own!

GODFREY MIYANDA,

BRIGADIER GENERAL,

ONE OF MANY CONCERNED ZAMBIANS

[16TH APRIL 2017]

109 COMMENTS

    • +8
      -31
      vote

      In simple English, HH and GBM should save their monies

      Their lawyers are NOT known to have won any case and are merely pinching money off them.

      Thanks

      BB2014,2016

    • +26
      -1
      vote

      For crying out loud, Given went to NRDC and graduated with a D in Agric Science ( Diploma), he is not qualified to be Minister of Justice. Just the legal jargon sets him off balance and he tries to over compensate. He needs law school to understand basics.

    • +13
      -24
      vote

      Ba miyanda can you tell us what the concourt could ‘ve if nothing in line with the case was said during the entire period the constitution has given. In short what was there to hear? Tell us even half of the evidence which hh produced worth hearing. The new constitution gave birth to 50%+1, petition and concourt. Any issues relating to the election petition has the concourt to hear them and parameters are drawn by the constitution not man. Secondly am disappointed like always in you for taking the upnd style of politics of insults. Stick to the policies of your party whenever your are discussing politics. Why did you fail to stand as presidential candidate last year.

    • +5
      -14
      vote

      Miyanda bazakulongo next weekend. You are next. Lungu ni boma now even if he was a thieving lawyer before.

    • +20
      -1
      vote

      There is a reason why Lubinda is Minister of Justice and that reason or lack thereof has nothing to do with Justice but rather in-justice. And Lubinda is not the only one with questionable credibility in this govt. For Justice, read Home affairs and Kampyongo, or Defence with Davies Mwila. These are strategic positions in the attempt to circumvent the rule of law in the country. And there is nothing better than having puppets and boot lickers in those positions. Of course the lineup would not be complete without the collusion of the Inspector General of Police and a wanton Judiciary. The Speaker of the National Assembly is the icing on the cake.

    • +3
      -19
      vote

      Miyanda your smoking patterns have drastically changed by the look of how you now percieve life. Bazakulonga next weekend naiwe. You are next on the target list and for you they will just re-open the KK old case. Lungu ni boma now even if he was a thieving lawyer before. General what have you been smoking these days. You tone has changed symbolising that you must be smoking ‘harder’ stuff now. You need to introduce me to your new suppliers.

    • +19
      -1
      vote

      Now Mushota, take this into context, do you now understand why you can not compare the aftermath of USA elections to Zambia?
      As usual simple analysis…….you end up just picking up the lawyer syphoning HH, instead of commenting on Lubinda lies and ConCourt behaviour.
      Sad.

    • +2
      -15
      vote

      Mr Miyanda sir i believe that the CONCOURT error d to have postponed the Judgment but they did well not to continue in error but to reverse and say they were not allowed under the constitution to hear the petition beyond 14 days. I believe people who made the Constitution never wanted us to spend time on the Presidential petition but rather to finish it before time as the Presidency is the sensitive position in the country because the countries stability(Economically and politically depends on it).

      Unsteady of blaming President Lungu u should also consider looking at HH and his lawyers who knew the constitution but did not provide the evidence on time to allow the CONCOURT to make a Judgement.. the blame is on them.

    • +12
      -1
      vote

      @HH Oval Head…if you read carefully you’ll note that the General has outlined that a judgment comes from where evidence has been presented heard and analysed. You are busy watching a video of Concourt news produced by ZNBC. In your own words tell us when HH&GBM presented their evidence which the sitting judges heard, with witnesses brought to testify and that evidence analysed then a decision(s) given?

    • +14
      0
      vote

      General Miyanda, a very stupendous article & has nailed the PF’s head of lies bare.
      PF bandits have fleshless skeletons of criminality!
      Gen Miyanda’s K.O~on PF bandits is that~”It is a lie to allege that “the election petition was concluded…” since the Petition was not heard nor determined in accordance with Article 101 of the Constitution (Amendment) Act Number 2 of 2016 which was assented to by President Edgar Chagwa Lungu on 5th January 2016. The Presidential Petition is only to be concluded when, AFTER hearing evidence and submissions from the parties, the Constitutional Court makes the following pronouncement in open Court and in the presence of the parties, along the following lines: (a) that the Respondent, in this case Presidential Candidate Lungu, was validly elected; or (b)…

    • +11
      0
      vote

      … or (b) that Presidential Candidate Lungu was NOT validly elected; or (c) that it was Presidential Candidate Hichilema who was validly elected; or (d) that there was non-compliance with any provision of the Constitution as amended and/or other law, and in this case CONCOURT orders what should happen, for example hold a re-run of the election. I maintain that no such pronouncement or Ruling was given in Open Court either for Candidate Edgar Chagwa Lungu or Candidate Hakainde Hichilema. Hence there is no conclusion as alleged by the Honourable Minister”~B.Gen Miyanda.
      ~”The truth that is awaited by all right thinking Zambians is the truth of the evidence to be provided by the witnesses for the Petitioners, the witnesses for the Respondents, the legal arguments by both parties, the…

    • +10
      0
      vote

      ..the determination by an impartial CONCOURT and the final declaration by the same impartial CONCOURT that either Candidate Lungu had been validly elected, or Candidate Hichilema had been validly elected; or that in view of non-compliance with the Constitution (Amendment) Number 2 of 2016 and other law, the ECZ should conduct a re-run of the presidential election. In this regard this MUST be the truth communicated in a judgement by the CONCOURT in this Christian Nation. Why has President Lungu been reluctant to let God reveal the truth through ballot re-counts and truthful evidence tested by rigorous cross examination by both sides”? B.Gen Miyanda questions PF bandits of visionless Lungu.
      The Skeleton Key
      ~206~

    • +4
      -1
      vote

      Now I await congolese wrestler sangoma wa nzanga Sunday Chanda to do a counter sucker punch on himself.

    • +2
      -8
      vote

      It is not good that the ancient General thinks that such a serious matter is a sport and an opportunity for him to show that he is cleverer than someone else. Where is Heritage Party?

    • +5
      -10
      vote

      MIYANDA IS MISSING THE BASIC POINT.
      LUBINDA IS SPEAKING FOR THE MINISTRY OF JUSTICE WHO HAVE, WHETHER YOU LIKE IT OR NOT,DECIDED WITH THE OTHER BRANCHES OF GOVT THAT THE SO-CALLED PETITION WAS DECIDED A LONG TIME AGO. AND MANY ZAMBIANS AGREE.
      SO, MIYANDA IS WASTING HIS BREADTH

    • +4
      -2
      vote

      I’ve tried my level best to read through the general’s article, although it has been dramatized, it is still very interesting to hear all of these things. The lingering thought i have is where he revealed that, he was denied access at a particular time between the night of 3rd and 4th September 2016. My question is, don’t you think that if these court proceedings were also taking place in the night times, was the petition not been ruled when you were not present? just curious. Any way, good analysis.En light me more about this.

    • +8
      0
      vote

      Dear General the person you have addressed this legal jargon won’t comprehend with it. Put simply this is above his capabilities.

    • +8
      -1
      vote

      Well said General. This pointa to state that there are more people who know that we have an illgitmate president. Lungu thinks by sends thugs and criminals to abuse human rights will make him legitimate. Like I have said before the truth is what Lungu needs to fight not HH. Only a coward resolves to violence and killing of others. Lungu if you are a tough man and lawyer lets see you defend your legitmacy in court not taking human life or teargasing children

    • +5
      0
      vote

      Female wild animals are usually the most mentally sick. You disguise me Mushota. Keep your comments to your self

    • +6
      0
      vote

      @Skeleton – Keep it up and defend the truth. Let wild animals continue yapping like there about to get vaccinated.

    • +2
      -1
      vote

      I can’t pretend to know more law than Gen. but law is simple & makes sense to ordinary & objective mind. Only those with ulterior motives seek to twist it. When there lots of citations of cases & opinions in submission without citing actual law in question then you know there is problem. Art 101(4) & (5) of Constitution say 2 important things 1. Election petition must be filed with concourt within 7 days of declaration of winner & 2. Concourt must hear petition within 14 days. Judgment of court can be either on law or evidence or both. As petitioners never presented evidence for 14 days what would stop concourt from deciding to confirm law which says petition lapses? Who’s really lying here?

    • +8
      -2
      vote

      @Rainman & the Magna Carta: I make it Rain on Command:
      No truer word spoken than yours.

    • +2
      -15
      vote

      Id.io ts you generation of vipers. u think just because u are outside Zambia then you can Judge our country. what measure are you using to judge our country.. if you do not have anything good to say just stay were you are and comment about the same country you think is better.

    • +7
      -1
      vote

      @ government sufferer of genetically induced 1mbecility

      Say where you are and how much your miserable life depends on hand-outs of CONVICTED embezzler and his criminal cronies?

  1. +19
    -5
    vote

    As we speak Theresa may is announcing that the UK will have a general election due to divisions at Westminster. Mind you she is a legally ushered prime minister but understands democracy. Meanwhile Zambia is burning due to majority not accepting lungu but in this case he is fighting to go for another term. Do you see how illiterate the rat is. He only cares about himself. I don’t blame given because he has to do as told to keep a job. He has a family to feed. Pity lost his integrity

  2. +19
    -2
    vote

    Great General Miyanda. You would have made a better Justice Minister than the current thug/crook in that misguiding office!

    • +3
      0
      vote

      Bo Lubinda’s highest qualification is a Diploma in Agriculture Science..really laughable… I doubt it if he has ever referred to those books in his office!!

  3. +4
    -9
    vote

    Miyanda in your own thinking as a general do you think the courts can nullify lungus presidency ?
    I am not a learnd person but will tell you that can’t happen

    • +1
      -1
      vote

      Whether the courts don’t nullify ecl’s presidency is not the General’s point. Muyanda is just pointing out that It is lacking in legal legitimacy if you like. Of course the case will be heard or dealt with at an opportune time and it will bring grievous introspection to the whole nation. Then most pf supporters will be pretentious and inconspicuous about the ordeal.

  4. +9
    -3
    vote

    Always my respect for The Brigadier General. His analysis and understanding of these matters remains unequalled. To anybody who has sense and appreciates logical analysis let them see the reasoning contained in the article against the rhetoric of Lubinda trying to safe guard an illegality. If Lungu is man enough, truthful in his intents and God fearing as he claims to be (God forbid I judge someone else), let the petition go on and let the truth come out. In any case such actions only show that someone is fearing the truth as what currently pertains is actually lies. If the Con Court did not pronounce a judgment on the matter, clearly its a case of “forged cheque being cashed”… so who is supposed to be arrested for treason????

  5. +5
    -8
    vote

    So, whose election is being petitioned ba Miyanda? Do you expect any reasonable judge to overturn the election of Edgar Lungu after HH and GBM’s dubious case has been concluded? Temper your legal idealism with realism, ba Miyanda! You sound as if you are a visitor to planet earth who knows little about election petitions in Africa. Dream on ba Miyanda, as retired Army Generals are equally allowed to dream.

    • +4
      -9
      vote

      Miyanda is as clueless as his fellow hyena he is supporting. Him and hh are the only two who have lost elections like it’s child play. No strategy at all.

  6. +10
    -1
    vote

    One can’t put it any clearer, These are NOT Mulenga-and-Jelita issues here, but bedrock-fundamentals on which civilisations have been built and fallen. Miyanda is NOT being philanthropical, he is crying his heart out for the willing amongst doubters to finally see sense…this Piece is a well-browned, well-done broiler flying into the willing open-mouthed mind to Digest; even as events are reaching Alex Chola virtuosity with inevitable Gunduzani-impact, reflect bane…the General is doing this por favor: LISTEN SO YOU MAY SEE !!!

  7. +4
    -1
    vote

    General Miyanda, are you suggesting that the 14 days constitutional caveat essentially barred the Con Justices themselves from making a statement over what they presided because it was past the mandated time?

    • +5
      -1
      vote

      @ Guliat

      Do you need somebody to translate Quins English to Zamglish before you can understand?

    • +2
      -3
      vote

      May be I do and please could you do the honors and translate the ‘Quins English’ into its skeleton in the ‘Zamglish’ version for me and others who are equally as handicapped. Thanks mate for volunteering yourself.

  8. +3
    -11
    vote

    I would rather spend my whole day admiring cars on beforward than waste my time reading rubbish from this man!!

  9. +10
    -10
    vote

    I am flabbergasted!!! For the first time i thought someone was about to convince me black is actually white but nah- the petition case is over General Miyanda. We have no idea what you are talking about. One thing we are so sure about is 14 days elapsed and some expensive and crooked lawyers made a lot of money by failing to represent their client. If they had any serious evidence of election malpractice, it would have been all over Zambian media by now. the very fact that not even the Post or the mast have been able to report any serious evidence is conclusive enough for most Zambians that the Lawyers knew the whole petition case was a circus.

  10. +4
    -4
    vote

    Actually lawyers representing HH and GBM who were camped at the Southern Sun Hotel were overhead saying they had no evidence top present to court and just decided to get on with the case to make money for themselves.

  11. +3
    -3
    vote

    “Reasonable” means acceptable to others. No reasonable judge would ever contemplate overturning President Lungu’s case at this point knowing the ramifications it would have for the entire country which would be too ghastly to contemplate. Imagine the presidential election of Lungu being overturned now and imagine the PF fighting back through the court. Where would we end up as a country? It would be doing the unreasonable or that which would not be acceptable to many. I am sure even General Miyanda knows deep down his heart from his experience in government that this would be praying for the impossible or hoping against hope.

    • +1
      0
      vote

      There are provisions in the constitution for such my dear man. If we had reasonable judges, they would have heard the petition and if it had been ruled that Lungu was not duly elected the provisions in the constitution would call for a re-run and the chief justice would take over during that time. What ramifications are you thinking of? Lawlessness is also catered for during such times.

  12. +4
    -1
    vote

    A Treason-Happy Monster President in Zambia’s State House?
    By Anonymous Doctoral Candidate

    “All his contrived or phony self-imposed modesty keep deserting him day in and day out. He has sought attention and adoration in opposition constituencies such as in Western Province, and among fair-minded Zambians but has received none. His illegitimacy will not fade away.
    In many ways, Edgar Lungu is a Kaponya’s image of anti-intellectual, and a decadent PF’s image of a statesman. Among the fly and drive-by-night get rich “quickers”, he is their man. How could Edgar Lungu, for instance, declare so much wealth within a year out of the blue? (“How Did Lungu Get So Rich?” Zambia Weekly, Issue 279, Week 24, 2016)”.

  13. +6
    0
    vote

    General, your submission is terra firma and indeed turning your statement into a question; Does a forged cheque when cashed become good?

  14. +6
    -2
    vote

    Thank u General Miyanda. To the layman the General is saying:
    1. The Petition was not heard and is therefore very much alive and waiting to be heard.
    2.Concourt did not hear,determine and conclude the Petition. The dismissal of the and the 14 days argument at law are both Null and Void.
    3.Since Concourt did not hear the Petition it did not arrive at Judgment and without a Concourt Judgment declaring Lungu the Winner of the 2016 Election it means Lungu is an illegitimate President.
    4. The Petition remains to be heard and disposed off.In the interim Zambia has no Legitimate President in State House
    5. The only solution is to hear the Petition in an impartial Court and after weighing the evidence declare the Winner duly elected.

  15. +6
    -1
    vote

    There is a difference between the Law and Cadreism.General Miyanda is discussing and articulating Legal issues. The General is spot on and the Petition is not dead but waiting to be heard at Concourt. The dismissal of the Petition, the swearing in of Lungu was illegal. In brief Lungu is at State House illegally becoz he was not Democratically and Constitutionally elected President. Until the Petition is heard and disposed off there wont be peace in Zambia. The persecution of the Petitioners will not cure Lungu’s illegitimacy and neither will it make the Petition disppear. # Let the Petition be heard in an Independent Court.

  16. +2
    -4
    vote

    Some have said that UPND’s motive behind the petition was not the rigging claims as such, but rather, it was an intended avenue to create an eruption of chaos for an opportunity for a government of national unity thus their insistence for the incumbent president to step aside and have the speaker take over. It is certainly with this kind of picture that we see the importance of that 14 day constitutional caveat outlined in the relevant article. The 14 day constitutional caveat is remarkable and its importance cannot be overemphasized.

    • +1
      0
      vote

      Hey Halo ‘Born Free’ hey take it easy. But hey you might just be right. Your assertion above may just be right I have thought about it several times. Madness is closer to us than ONE might think. LOL

  17. +2
    -6
    vote

    UPND ARE TIME WASTERS.EVEN IF THE CASE AS TO GO BACK TO CONCOURT TODAY,I CAN ASSURE YOU THAT THESE PEOPLE HAVE NO EVIDENCE THAT THEY WILL PRODUCE IN THE COURTS OF LAW.
    IF THEY HAD EVIDENCE THEN,THEY WOULD HAVE PRESENTED THEM IN THE COURTS OF LAW RATHER THAN PLAYING GAMES OF PRESENTING IRRELEVANT ISSUES LIKE THE SPEAKER SHOULD TAKE OVER AND THINGS LIKE ALL THE ELECTION MATERIALS MUST BE KEPT AT THE COURT.IS THAT THE EVIDENCE THAT WE WANTED?
    STOP WASTING PEOPLE’S TIME.

  18. +7
    -6
    vote

    Mr Miyanda, the petition collapsed and expired. That means there is NO petition and everything reverted to where they were before the petition. The Concourt has no duty to order inauguration of the President, their duty ended at pronouncing the petition as dead and expired.
    However lets consider the hypothetical scenario that the Concourt had to give instructions for inauguration to proceed, does any reasonable person expect the same Court to direct otherwise? Do we really gain anything from political gymnastics. Actually the cases of HH that are in court none of them is demanding that the Concourt orders the Chief Justice to proceed.
    Mr Miyanda has become a donkey too.

    • +1
      0
      vote

      @Terrible! you are worse than a donkey. this article is way beyond your capacity to comprehend.

  19. +4
    -5
    vote

    People like Miyanda are a disservice to this country! Always focusing on negatives, massaging the egos of political demagogue charlatans and been insulted literally by his grand children- what a travesty! Find something better to gain respect than pretending to be a voice of wisdom yet nothing but a hollow piece of waffling jargon!

  20. +5
    -5
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    With all due respect, the truth is that HH has not taken the election losses as he should. To lose five times is not easy especially considering how expensive it is to undertake election campaigns. Yes I know he is rich. The psychological changes in HH’s behavior are telling that he is not himself. The telltale signs of a nervous breakdown are written all over him and if one was honest, HH needs a whole new approach to politics to safeguard his well-being. And as is normal, he has infected this ailment to not a few of his followers, even as seen on these blogs. Many an independent observer will attest to this fact. Now, what has all this got to do with the General’s article? As someone on this blog has stated, this petition thing is a red herring. It’s a waste of time and energy. I would…

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      We wonder where he gets the money to waste on a hopeless ambition. No one sensible would vote for HH. HE JUST HAS NO SENSE.

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    As someone on this blog has stated, this petition thing is a red herring. It’s a waste of time and energy. I would rather people close to HH focus on finding solution to his dire psychological need.

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    The General is a real boxer and champion. This was a knock out for treacherous Lubinda whom Sata chased. Now we see why. This statement by the General is a statement to Lungu to know that HH is not the only who doubts his legitmacy. The only way Lungu will be set free is by the truth. Let him face the truth and fight it not using thugs and criminals to attempt to human life of an innocent person. Anyway he has attracted more problems for himself and become a good ICC candidate. International Prosecutor will enjoy putting an easy one behind bars. Free money from the UN.

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    Comment:
    That’s Miyanda for you. Always championing lost causes. His political party was a lost cause, his views always at variance with reality. What a shame!

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    This man is an irresponsible citizen, and dangerous since he thinks his ‘intellect,’ (questionable as it is), gives him the right to rant and rave at elected gov’t. What’s going on with Zambians? Thus is our country which we destroy. So many power mad men are rising against gov’t.

    It’s time to clear these elements. In fact Lungu has been very careful, but the state needs to start picking up these people. Disappointing.

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      You are an ***** thats why this country find ourselves in this mess beacuse of ******** like you. Tomorrow you will pay when you lose power.

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    I will remain partisan but this finished country must be closed and only reopened when we find leaders. The circus will continue. Thanks General for that elaboration, only a sick mind would argue with what you have laid bare. As for those trying to belittle you and your analysis, ignore the chaps, it is chaps who were not brought up properly and cant be straightened. I am also commenting knowing that your article is truly non partisan but very sensible legally

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    All heard General, the minister/ not him alone, but all pf leadership, they are capitalising on the ignorance of most Zambians. Most does not know even a bit of court proceedings. I wonder, very cheap politicking deceives a lot. Shame with Zambian education, and civilization. It just a” whatsup exxey type of knowledge” as one celebrate puts it.

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    Concourt petition could be equated to exam session where candidate proves knowledge on tested material. Withholding evidence lead to failure.

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    PF is the worst party in the world. That should not excite UPND because they are not tested yet. But I think they could be better devils.

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    Yeah, a forged cheque does not become good just because it has been cashed.
    Unless the Con Court hear the petition, a masquerading president remains illegitimate.

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      And a thief is still a thief, even if he is in State House!

      This is obviously beyond Lungus capacity as a failed Lawyer to understand!

      How he thinks he even CAN be a president amazes me! Just how dull can a human being be?

      Unfortunately, it is the 13 million Zambians that will have to suffer for his stu.pidity.

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    You have made my day general miyanda, ” A FORGED CHEQUE DOES NOT BECOME GOOD JUST BECAUSE IT HAS BEEN CASHED!!!”
    What a powerful summation of the forged election results cashed by a r.o.t.t.e.n. judicial system.
    No wonder you are a general, general miyanda.

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    Is pf police going to raid miyanda’s villa for comparing Eclipse to a forged cheque that was cashed?

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    Excellent, very analytical and thought provoking. We need more of such high calibre citizens to save Zambian democracy

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    TO General Miyanda:
    I salute you Sir, for your service to your country. Over the years you have shown a maturity painfully lacking not just in our body politic and in the nation in general . Many of the comments above attest to this. Even where matters demand sobriety, you still get commentary from persons who vacated their responsibility to honesty and truth. You are a lone voice in the desert of duplicity. Continue with the acts of citizenship that rise above pettiness and contribute to a more just society that many Zambians seek. I thank you

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      And I second that! Hats off to the General for standing up for the law and telling us straight!

      The mediocre LIES and CORRUPT machinations of Lungu and his gang of PF thieves have finally been exposed by his own ineptitude and ignorance! The do not have SHORT LEGS, they have NO LEGS!

      The truth is that Lungu is so dull he cannot even TELL LIES PROPERLY

      How did he ever expect to be recognised as a president?

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    @General Miyanda
    Very interesting analysis on the Presidential petition.There are a lot of legal issues which I initially missed or did not understand as a layman.But now I see that the CONCOURT left many things hanging.
    Never mind the comments from the dull PF cadres.Most of them did not even even read past the first paragraph.They are just throwing aimless punches and will soon get fatigued.Just give them the “rope-a-dope” style which Ali used against Foreman.
    My favorite quote in the article…… “A forged cheque does not become good just because it has been cashed!”
    After “RUMBLE IN LUSAKA” we need to see “THRILLER IN LUSAKA”

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    Rtd Gen has seen a loop hole after the arrest of hh so he now doing the rope a dope to remain relevant after feeding off benefits meant for the orphans madam cares for

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    Compare this to the article written by Sakwiba Sikota. THIS makes for great intellectual discourse coupled by a little satire. Nothing personal Sakwiba but you could learn a thing or two from the General.

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      @Mwape,
      Well spoken. I also expected Sakwiba to exhibit depth of thought, wit and maturity in what he says, like the General. I was left scratching my head…

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    To those who understand Law and how to play Chess we can say that legally General Miyanda has just Checkmated Given Lubinda the Minister without Justice. The Petition is very much alive waiting to be heard by an Impartial Court. The Right to be heard in Court is enshrined in the Current Bill of Rights administered by the High Court(HC). The HC just needs to confirm that the Petitioners have a Right to be heard in Court and Concourt did not hear them. An Independent and impartial Court must now hear the Petition,determine it and pass Judgment. That Court should be the International Court of Justice (ICJ). The Petitioners and the Respondents must accept the Verdict of ICJ as final and abide with the Ruling. Indeed where there is a Right there is a Remedy. Lungu forged and encashed a cheque…

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    When you take the case to court, what do we expect in the end? One awaits for the judgment not so? So in the case of the petition whatever was decided at the end of it was the judgment, whether the case was head or not the simple words of we cannot hear this petition since the 14 days has already relapsed was the judgment, that is what Mr. Lubinda said that there was no longer any petition case at the concourt as it was not head due to the reason above and that was the judgment judged by the concourt judges in simple and plain language .

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    I do not understand why most Zambians Do not see things as The General does. I wish God can give us some of your qualities to be our President.

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    I do not understand why most Zambians Do not see things as The General does. I wish God can give us someone with qualities like yours to be our President.

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      The general has stated facts. These facts which the general is saying were not delivered by the defence, hence hearing, determining and judgement could not take place, this is the reason why the defendants’ lawyer’s walked away.

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    But you Godfrey Miyanda also lied about your alleged involvement in the Shamwana 1980 coup plot! The Musakanya Papers detail your involvement, and quote: “Brigadier Corporal Godfooling Miyandaring was to bring in army support @ also divert weapons imported for the Zimbabwean liberation movements to the farm. Air force Chief, Christopher Kabwe was to divert Kaunda’s plane to a military base & force him to surrender & resign”.
    Now, Deogratias Symba, Sikatana, Kabwe and Shamwana all claim “wenzepo pa coup plot iwe”, instead of just admitting because we know Kaunda deserved to be overthrown, “ungo shusha everyday ati I was acquitted. Wanya, mambala iwe, that’s why Chinkuli destroy your army carrear, kupusa.

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    The chosen One has aptly answered the General. State the law and then argue with authority. You deleberately ignored to state the law and relied heavily on opinion much less than authority and law. The concourt based their determination on law in the absence of evidence which was no forthcominng in the stipulated 14 days – a fact you have decided to ignore. If you are going to be intellectual about any issue then ALWAYS remember we expect two sides of the coin to be discussed- always , please always!

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    Nez forget about UK. Uk,’s opposition does not insult like you do. That is out of context. Brig Gen. Miyanda you have actually written well. However,didn’t you notice that 14 days may not have been adequate for bringing 50 + witnesses to testify for the petition. What I feel the defence should have done are two things, 1. Be mindful of time frame, 2. Site 3 to 4 typical facts and figures and let the learned judges the see the discrepancies in figures. This was not done. Before the the 7 days of filling the petition they said that they had ample evidence to give, but not one was given, meaning hearing, determining and announcing by the con court an not take place obviously. You have written very well. The petitioners failed to submit facts and figures. Even us the ordinary people it…

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    I have come to understand that Zambians are excellent at commenting on what they literally have no understanding of and basing their arguments on hearsay or third party information. While we argue, disrespect and cyber bully each other, things are getting worse, rotten items are getting more rotten and before you know it a state of emergency will be effected and all of us will be affected whether for or against the incumbent government. Wisdom is calling to the simple! Only time will tell.

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    Y man… you are right … we lack critical thinking instead we would rather rush to comment without analysis.

    For example, approach the policemen who attacked HH and ask them simple questions about political parties background and objectives in Zambia. Thereafter, check if they even know the tangible reasons for their involvement into this political fights.

    Okofwa ati iyayi kaili ni o pusa…

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