Tuesday, May 28, 2024

There is no appeal against the decision by the Constitutional Court to dismiss election petition


Constitutional Court Judges
Constitutional Court Judges
It is a serious misapprehension of the law to suggest that there is an appeal against the decision by the Constitutional Court to dismiss the 2016 presidential election petition, said Lusaka lawyer Hobday Kabwe.

Mr Kabwe said it was mere figment of imagination suggest that there was a presidential petition before the courts which had the potential to nullify President Edgar Lungu’s election as the winner of the 2016 general election.

He said the Constitutional Court was the highest court in Zambia and there was no legal action that could overturn their decision.

He said it would be criminal to suggest that there was no Head of State, which could just be an instance for the promotion of lawlessness that would not be without consequences.

“This is a serious apprehension of the law and it is not something that can be looked at reasonably by any Zambian.

“This is just a mere figment of imagination that there is no head of state. Pronouncement was made by the Electoral Commission of Zambia who they had declared as winner under the various articles in the electoral act, and after that it permits for people to appeal and when they appeal the decision of the Constitutional Court becomes final,” he said.

He said it was not acceptable to suggest there was no president in Zambia when the Constitutional Court, the highest court in the land, already discharged the presidential petition.

He said any litigation had a sense of endless, where cases should be concluded within the shortest possible time, despite the direction of the decision of the court, for or against.

He charged that whatever the dissatisfaction arising from the decision, it was sheer misapprehension of the position of the court, and there was no recourse to that.


  1. I am a UPND supporter but i think HH hallucinates and that he disgraced himself during BBC interview. i now realize that he is selfish.

    • Why are your teeth black,?? is it because of lungu’s loadshedding,,, next use sautu to clean your black smelly teeth before you speak

    • @1.1
      The guy making that statement is just a lusaka Cadre lawyer… Period! If you want to suck his thing…. .. Please go ahead and leave UPND out

    • @back teeth lungu j – join us in the PF winning party then? Why waste time in UPND if it is that bad? You could be corrupting and eating with us … why suffer and stress about this UPND democracy nonsense? Life is for living and enjoying. This is our time eat, plunder and enrich ourselves – Ifintu ni PF, umuntu ni Lungu

    • Back teeth you don’t need to defecate oooh sorry defect in public, just find a local a Bush somewhere to pledge your allegiance to your new found love.

    • Only f00ls who have buried their head in the sand think that the dismissal of the presidential petition is over and done with when there were constitutional breaches when the petition was launched. One sticking point here is, why did Lungu refuse to hand over power to the speaker of national assembly to make sure the process was not at risk of presidential interference? If the Zambian judiciary overlooked this then its not fit for purpose.

      Currently there is a pending court case in which UPND applied for the right to be heard which got PF panicking due to the overwhelming evidence which PF do not want told to the Zambian public. PF even decided to arrest HH just to divert attention from the hot case. Why are the judges refusing to just dismiss the case? My guess is if that happens,…

    • My guess is, the evidence presented by UPND is too overwhelming to be ignored and if that was to happen, then it might put PF in a tricky position in future because any judgement will used as case law for future reference.

      On another note the JCR found that the constitutional court erred in dismissing the petition before it was time to do so. If this alone is not clear evidence that Zambian judiciary is shambolic under kachakolwa Lungu then Zambia is doomed.

      All those deluding themselves that the petition dismissal was was justifiably done should think again.

      Mwanya Tu PF na kachakolwa Lungu for bringing shame upon our country.


    • The constitution states that the petition is ConCourt should HEAR the petition WITHIN 14days of filing of the petition. The ConCourt will hear you whether you hallucinate of day dream or say any sort of rubbish. UPND lawyers presented preliminary issues for most of the 14 days. The closure of hearing is 14 days (Mind you UPND dunderheads days are not defined as working days or weekends but just days) The petition was heard up to midnight in one of those moments. So after 14 days the ConCourt rules. Since they Con Court did not hear any evidence from these f00ls, the petition lapsed which means they had no evidence to present. I f anyone today says or thinks there is any petition in any court in Zambia, he must be mad or confused. So this hyena should stop misleading illiterates in his…

  2. Hobday is it true that the constitutional court is the highest court in Zambia when the Chief Justice is not is not part of it and the judges there are less qualified than those at supreme court. What you have said is the ideal situation but not the actual. It was meant to be so but EL made a mistake on appointments. He shud have moved supreme court judges to the ConCourt and promote the others to supreme. ConCourt is highest court in S.A. but not in Zambia. It’s explained as at the same level with Supreme court. Quiet cage-CATCH 22

  3. This lawyer is misguided. Serious apprehension of the law is when the President abrogated the Constitution by continuing to be President when he was supposed to hand over power to the Speaker.

    The JCC has clarified misgivings by the Constitutional Court therefore, the so called final ruling of the CC is thrown in disarray. The case must be visited. And an appeal must be brought forth.

    Bot recognizing the Presidency is not a crime. Having an illegal President is a crime. It’s a recipe for lawlessness.

    • Never mind the hallucinations of this Hobday type of Kabwe Lawyer. They are all out there on a competition of who says it loudest and dirtiest so as to be seen by the big boss 1. So far, Tar Yeah Lee is the most irritating of them all. Njala ni your yipa.

    • its a done deal…dull tongas . . . thick heads…waiting for tonga god hh to be declared president by Dudumenzi local court.

    • JCC overstepped their mandate. No rocket science here. Their job is to handle complaints NOT to make ruling on cases already determined by the final court in the land…..they are not a court! Just like that misguided Mmembe tax tribunal wanted to make a ruling on a case already determined by the Supreme Court.

      Its a non starter. go look after cows or wait for 2026 ! shaaaa!

  4. So ba upnd cadres above,do you still believe HH’s nonsense that the 2016 petition is still active in Concourt?which court will hear your failed petition when the ZAMBIAN CONSTUTITION CLEARLY STATES THAT THE PETITION SHOULD BE HEARD WITHIN 14 DAYS?what has upnd mps done in parliament to amend (remove 14 days time limit) in the constutition so that your petition can be heard?
    how dull can you be ba upnd?SOMETIMES PEOPLE HAVE TO BE REAL IN LIFE.DREAMS MUST BE CONTROLLED.2016 elections are over and no court in Zambia or abroad will nullify 2016 presidential election!!BA UPND STOP BEHAVING LIKE MENTAL PATIENTS AND JUST…

    • And in your konto mind, was the petition HEARD? ACCORDING TO YOU, YOU SAYING SHOULD BE HEARD, your statement clearly means it should be heard without fail.

    • No evidence was presented by lawyers for the period of 12 days. What was there to hear were preliminaries which judges can use to determine the outcome. At the 11th hour the bunch of the tribal tonga party scrummed and abandoned the case and went to prepare the bill and start waiting for cheques.

    • Ba Divide naimwe. . . .heard or not heard – it does not matter. The matter is now time barred and no f.ool even your HH can do anything. Get this in your tonga thick skull . . . .

  5. Njimbu, was ecl sworn in in accordance with the constitution…. no hecwas not he was sworn by a clerk of courts
    You do not need to write at length in your answer a simple yes or no is all that is needed.
    Good to see you not coming up with the 3.5 versus the 6.5 argument was getting bored every time i saw your name, same old same old
    YES or NO to my question

    • You will not resuscitate a dead by flogging it. UPND cadres chill out and accept the truth, ECL is the President of Zambia.Its pointless question and doubting that fact. Strictly speaking, you are hard of hearing.

    • You will not resuscitate a dead horse by flogging it. UPND cadres chill out and accept the truth, ECL is the President of Zambia.Its pointless question and doubting that fact. Strictly speaking, you are hard of hearing.

    • The answer to your question is YES he was sworn in by the Chief Justice in accordance with the Constitution. She signed the papers immediately after he was taken through the OATH by the so called Clerk. What is important is who signed the Oath, not who read it out.
      Similarly, when the President swears People into office, Officers from Cabinet Office do the talking, and after the nominee has repeated, the President signs the papers.
      Even in Court, the one who swears the witness is the Judge but the Clerk does the guided talking.

  6. A person with a plan, recognises his weaknesses, picks himself up and comes back a stronger person. This can be found in our history as a country when Michael Sata lost in 2006 and 2008, he wanted to petition and spend the rest of his time between courts, BUT HE DIDN’T PETITION. Instead he realised that his stronghold alone, together with his urban centres could not win him a national election. So he went and ruffled his elections team and had them come up with a strategy to get some rural areas outside his traditional strongholds ie HE HAD A PLAN!! Badaala HAS NO PLAN. His weakness is the same team he keeps around him that has failed him since 2006!!! He thinks with the same team, a petition and support from the international community the situation will turn in his favour and ECL will…

    • Badaala does not have a team. He is the team in himself…Badaala does not listen to anyone but himself. You should ask people who worked for him before. Those around him now are just yes men and women. If you are in his team and want to advise him, Badaala will kick you out of HIS Party. It is HIS Party and HIM ALONE. That is Badaala for you….!

  7. So Adolf and his side kick Fat Albert thought they could shake the core of the nation by putting him on TV where Adolf with his short fuse was on the edge of self destruction on account of the questions. He was portrayed as a desperate fellow who having lost 5 elections only saw this one as the one he should petition. He could be heard sniggering when Zuma’s name was mentioned which actions spelt volumes. Adolf needs to know that I joined the party when I was 20 years old he took over when AKM passed on and now ten years on and 5 lost elections I am now 32 with the same old crop of leaders ‘silent dictators’ everything revolves around Adolf no party posts no structures just the quest for plot1

  8. No ba UPND, how gullible can you be seriously?? Even the so called educated in the diaspora!
    There is NO petition before any court in Zambia! What your party has contested is to find out if their rights to be heard were infringed by dismissing the petition via a technicality! Bear in mind though, that even if the high court was to rule in UPND’s favour, the high court will NOT and can NOT order a retrial of the petition! Google the hierarchy of the court system in Zambia, you can NOT appeal the decision of the ConCourt and the High Court can NOT order a court above it into anything! Whatever decision of the High Court will be for posterity! Thought its the villagers being deceived, the the so called learned!!

  9. Been online since the last election but have seen no evidence provided by uninformed UPND cadres.
    All they do is day dream.

  10. For the benefit of under5 and his blind “followers”, that Hard Talk interview should lead you learn a few things about world norms. All the questions put forward by Stephen Sackur were meant to teach under5 that the world operates in a certain way:
    1. In UK if you lost elections five times, it is expected that you would hand over to another candidate.
    2. The country is larger than an individual.
    3. Losing elections by a narrow margin is normal, in the UK or Germany compromise coalitions are even formed to get government going, a country needs a government.
    4. Stephen introduces his guest by referring to him as
    5. Stephen refers to the Mongu incident as bizarre, meaning that civilised people do not behave like under5 did.
    6. In other African ountries under5 would have remained in…

    • Did you see how the cameras zoomed on his hair,revealing a fact that he dyes his hair.
      At one point he wiped his face using his hands, forgetting that he had 2 handkerchiefs in his pockets.
      He was really embarrassed !!

    get it from us who were at Heroes stadium in september,2016 when president Edgar Lungu was being sworn in by the Chief Justice Ireen Mambilima.The CJ was the one who sworn in ECL in the stadium.the court cleark HH cheated you about was merely helping madam Ireen Mambilima nearby as she did her work.THE EVENT WAS LIVE ON ZNBC TV AND YOU CAN GET THE FOOTAGE FROM ZNBC TO PROVE US WRONG!!the major problem in upnd is you believe every lie HH’s team tells you.ANY OBJECTIVE UPND CADRE WOULD CONFIRM THAT INDEED THE CHIEF JUSTICE WAS IN HEROES STADIUM DOING HER JOB ON THAT DAY!!
    As for you petition,i can even bet my life-its over until next elections in 2021!!

  12. Live streaming from stadium also showed one pf stalwart kaizer stalwart assaulting police so i am not to believe that also.. has he been charged , as you know the inner workings of your party what happened to rule of law which rhe pf party says zambia is governed under in the kaizer zulu case (s)
    Why have u linked me as ” my petition” do u know my political persuasion, if i even have one

  13. Agony is you ng’ombe ilede’s as in UPND supporters, just sing wajata n’gombe without telling us the way forward. Edgar Lungu a ngoni, is now and still be the president of the Republic of Zambia. Mulabeja basa. Tell us something new because kulibonesha basa, si vintu.

  14. I do recall that General Miyanda and some learned and prominent people in Zambia and elsewhere were pleading with Lungu NOT to sign the so-called Constitution because it was FAULTY in several instances. The Constitution and the laws are expected to deal satisfacoriry with relationships between citizens and the state and government. A better-edited Constitution would have foreseen the current several lacunas in the current constitution. But lawyers such as Mr. Kabwe thought otherwise and prevailed upon the President to sign it. The current Connstitution CREATED the impasse of the UPND petition. To suggest that the petition is over because it was time-barred has left almost 50% of the voters UNSATISFIED, CHEATED and ABUSED. How do you deal with this in a constitutional and a country of…

  15. weather HH,mmd fdd all any other political party in Zambia all outside Zambia, accept or refuse to accept LUNGU as the president of the republic Zambia, LUNGU will remain the president of Zambia until 2021 elections, so lets not west time on accepting or refusing but concentrate on what we can do next to better the lives of the Zambian people.

    • Foot ball can never be foot ball if the rules of the game are not followed.If you pick up the ball in your hands and run with it, it becomes the rough game called rugby… That is, something else! There is actually Nothing to discuss outside of the Courts of Law. Laws of the Land, including what’s written in the Constitution, ” must be strictly followed, judgements made with utmost integrity properly recorded and adhered to without influence from outside of the Judiciary. Ie people like you and me for example. Anything less is nonsense and makes a mockery of who we are, gives a slap to the memory of our Freedom fighting Grandfather’s and an insult even to our National Anthem. Read the first verse very carefully, see if it holds true today, shake your head and weep!!

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