Chipenzi supports JCC’s interpretation of 14 days

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FODEP Executive Director McDonald Chipenzi
McDonald Chipenzi

Governance Activist Macdonald Chipenzi says the findings of the Judicial Complaints Commissinb that the Constitutional Court bench issued contradictory or flip-flop decisions on the lapse of 14-day period provided under Articles 101(5) and 103 (2) for hearing of the presidential election petition is spot on.

Mr Chipenzi said the verdict vindicates some of them who have been upright on this matter contending that 14-days were not exhausted because the court only sat during working days and not weekends..

He said also the findings of the JCC that the bench’s abruptly termination of the hearing of the petition was contradictory to its earlier commitments that it would not do so is correct and precise.

“Therefore, the JCC concludes that the abrupt termination of the proceedings was wrong because only 10 days lapsed instead of 14 days. This means that the constitution was breached by the Constitutional Court which is supposed to interpret the constitution,” Mr Chipenzi said.

“The question is, who is supposed to watch the watchman? Countrymen and women, what does this imply to our electoral democracy?” he questioned.

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29 COMMENTS

  1. Maybe the DPP will Nolle Prosqui the Presidential Petition if its resumed. Clearly the Petitioners have not been heard and will never be heard in Lungu controled Courts. The Petitioners should now take their Petition to ICJ. Lungu,the Speaker of Parliament and Concourt abrogated the Zambian Constitution during the Petitionn Hearing process. Lungu is Not Democratically,Constitutionally and legally elected in Power. He has carried out a Constitutional Coup and has committed Treason at best!

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  2. The same questions I have Mr Chipenzi. Does this mean the petition can still be heard? What remedy lies to the petitioners? There should have been punishment for the Judges.

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  3. Unfortunately bwana Chipenzi, the JCC is NOT a court and so can not reverse the concourt’s decision. This commission was simply looking at HOW the judges conducted themselves in arriving at the decision they made. It CAN NOT give an interpretation of the law, including the famous 14 days

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    • No court anywhere can quash the decision of the concourt. Its decision is final – fair or unfair to you, you cannot appeal. Read the constitution.

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  4. Pathetic. 14 Working days.

    Let’s not forget that even if ….(in a mad hatters world), the petition were to resume, UPND would struggle to prove their case, as they still do not have evidence.

    Can people in politics, please concentrate on building Zambia not tearing it up so egos be massaged. Enough.

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    • And oh, please get some lip gloss/salve for your dry lips. Probably your lips are dry from talking BS.

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  5. Let’s assume the hearing was indeed cut short, what were the petitioners doing in all the AMPLE 10 days that the petition was being heard? Gland standing only and no substance! Please stop wasting our precious time!

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  6. How is this tonga man Chipenzi managed to cheat our local media that he is a Governance expert? What kind of Governance issues can this tribalist promote?only those which suits his fellow tonga HH?Governance expert-my foot!!
    By the way,Chipenzi and his fellow bantustans may interprete the 14 days the way they want it,but nothing shall REVERSE 2016 RESULTS!!!THOSE ELECTIONS ARE DONE AND DUSTED FOREVER JUST THE WAY MAZOKA’S RIGGING CLAIM ENDED IN 2001!!!
    the best UPND and its followers in 3.5 provinces can do,is plan for 2021 elections, about how HH can start winning in PF strongholds where he has never won since 2006!!NO INSTITUTION IN ZAMBIA SHALL REMOVE EDGAR LUNGU FROM PLOT ONE BECAUSE OF 2016 ELECTION RESULTS AND HAND OVER POWER TO HH!!!GROW UP BO CHIPENZI!!this is time to work…

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  7. How I wish in this world there was an INTERNATIONAL INDEPENDENT TRIBUNAL with powers to remove Presidents from countries whose election victory is found wanting. In this way there could have been sanity in the conduct of elections,especially here in Africa. The true position arising from the outcome of the August 2016 elections is that we DO NOT KNOW exactly who won those elections simply because of the fact that the petition was never heard. Don’t get me wrong. I’m not saying Lungu lost. Neither am I saying HH won.We just do not know and will probably never know who won and lost genuinely.

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    • So how would that be Democratic? People vote and a foreign organisation nixes the winner on behalf of the bitter loser?

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  8. So there’s four days of intensive Constitutional Court session to get down to business, no time wasting by HH’s lawyers this time around. No?

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  9. Mr Chipenzi is a well known UPND cadre but masquerading as a Governance activist when in actual fact he’s not… he was asked to resign by the donors at FODEP for misappropriating the donor funds…

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  10. Mr Chipenzi is only reporting. Don’t shoot the messenger. Deal with the message. JCC’s findings are that Concourt erred in dismissing the Petition b4 the 14 days had lapsed. JCC observed that Concourt used 10 working days and abandoned the Petition instead of using the remaining 4 working days to hear and dispose off the Petition. Concourt breached the Constitution and illegally dismissed the Petition b4 the 14 days had expired. The Concourt Petition dismissal is therefore Null and Void. The Petition is alive and awaits a Hearing. This means Lungu carried out a Constitutional Coup detat and is illegally in State House. Mulandu tauboli and Lungu will pay the price for committing these irregularities and illegalities when he leaves Power. Time is the greatest equaliser!!

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  11. We all know that no man is perfect, better let the sleeping dogs lie.
    I don’t think any other politician Will be better I would advise anyone to just move on to the next elections.
    It is like the Zambia offside ruled goal for Zambia by the Botswana referee.
    Zambia that is all.

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  12. I am glad Zambians know that a Namwala Party in government can destroy Zambia. Under Fives a a danger to Zambia!

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  13. The Court did very well! If another case came up where the Under Five Clinic will choose to be changing goal posts daily to buy time, the losers MUST be dismissed! They are a waste of oxygen. Tribal!

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  14. Sad to hear Njimbu speak like that. JCC and Concourt are ECL’s appointees on Government payroll. If the JCC fault the Concourt, the problem is not for Mr Chipenzi but those institutions.
    The Concourt was deliberating on Presidential petition for the first time. Zambia has never had a court of this nature and there was not proper procedure in adjudication matters before it.
    Equally the Court of Appeal is new in the judiciary system and has no proper procedures……

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