Court adjourns case in which UPND wanted the Speaker run the country

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GBM and HH at the Magistrate Court
FILE: GBM and HH
The Constitutional Court has adjourned to January 25 the case in which the opposition UPND wanted the speaker of the National Assembly to take over as head of government during the time that the court was hearing the Presidential petition of 2016.

In this matter UPND leader Hakainde Hichilema and his deputy Geoffrey Mwamba sued speaker of the National Assembly Patrick Matibini and Republican President Edgar Lungu.

Dr. Matibini was however removed from the proceedings by the court because the speaker is supposed to be sued through the Attorney General.

When the matter came up, Constitutional Court president Hildah Chibomba was informed that the matter could not take off because Solicitor General Abraham Mwansa was not in court.

This forced the judge to adjourn the matter to January 25, 2018.

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34 COMMENTS

  1. These guys are full of worms. Please deworm first before you ask for people’s votes. Typical of losers to blame everything. The ref, the goalkeeper, mankhwala, the weather, mood

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    • I think JBM and HH are more cleaver than they appear because they know that no one is above they law, If the speaker is found wanting then it means he broke the law together with EL. But thick PF supporter are no bothered about the law because they are a lawless party, the constitution is the highest law of the land and EL and the speaker are not above it.

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  2. Suppose the Con Court rules that the speaker should have taken over, will the dates be reversed to 2016? Let me remind another grouping that this is 2018. They need to concentrate on now and the future. Come 2021 they will still be in 2016 and when they lose again they will want Zambia to wait for them and catch up with time. UPND has MPs whose job now should be to make sure that all the lapses in the amended constitutions are clear up before 2021 so that it is clear what happens if a sitting president is petitioned.

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    • No dates won’t change but it will prove that there was an illegality and someone has to account for it, it’s simple and straightforward, law is just beautiful.

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    • @kci! Do we learn history so that we go back into the archives or to make time to remain static according to your reasoning! What these gentlemen are doing is for the benefit of the country which all right thinking people should appreciate.yes time has passed but a precedent should not be set where the same wrong is allowed to happen in the future.

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  3. UNPD KAYAAAAAAAAAAAAAAAAAAAAAA …WE ARE NOW LOOKING FORWARD TO 2021 ….NOT WHAT YOU ARE PERUSING…

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    • It is only that you can think ba E B HIBALWA. we want the concourt to set the records straight for future reference. Once a future president refuses to hand over power, the court will have a precedence.

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  4. Of course that is past, but rulings are also there so that things don’t recur. Just so that in 2021 speaker takes over

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  5. Ubupuba nabo nincito how do you go to court with a sitting president on a wrotten case.Where are we going sure. Stop westing tax payers monies paying the concourt personnel .This is 2018 not 2016,what type of thinking is this RUBBISH.

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  6. I honestly suggest that Chief Mukuni must begin to play the rightful role of ‘chimbusa’ to our brother HH who seems to be lamentably struggling to move on from his 2016 defeat. This is 2018 for God’s sake!

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  7. Well, cases never rot. There cases in courts going down years back. Think God this country is not ful of illierate cadres who dont understand why courts must rule on such issues. What they only know is fear of pf losing power. Plz dont publish.

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  8. So why did the man with a Diploma in Agriculture acting as Minister of Justice said there’s no such case before the Courts?

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    • Ba Lombe naimwe…
      Have your read anything about the petition above? Or must someone explain to you slowly in your mother tongue whats going on?

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  9. The above comments just shows shallow thinking and calibre of bloggers who cannot analysis and comment. Its all about cadre politics. Belly thinking, ba kateka. What shame.
    The foundation of law is set on precedents which you may not understand.

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    • Imagine, there is no wrong in HH and his partner pursuing this matter. If the court will agree with them a precedent would have been set on how the speaker must conduct himself in future. PF cadres are scared that maybe it may mean their ‘beloved kateka’ losing the presidency. Education is needed here for them to get it in ther skulls!

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  10. Mwebantu, is hh mad. I don’t seem to understand what he wants. One year on hh is still pursuing the case. Ubushilu bubi. Satanism is not good bcoz the conditions set by their masters are not good. Why is this man full of hate for ecl. Hh is a witch come what may.

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  11. PEOPLE WITH NO PROPER MORALS DO NOT REALISE THAT CASES NEVER ROT. JUSTICE CAN BE THERE EVEN AT THE LAST MINUTE TO BRING THE LAW BREAKER TO BOOK. ALL OF YOU WHO ARE AGAINST HH SIT DOWN AND INTO THE EYES OF YOUR LEADER AND YOU WILL DISCOVER THAT YOU ARE NOT DIFERENT BUT THE SAME WITH YOUR ROTTEN E.L. AFTER ALL THE LETTERS E.L. STANDS FOR EVIL LEADER.

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  12. Mulandu tauboli. This issue could arise in future Petitions so Concourt should make a Ruling on this issue. The Concourt Ruling will create a precedent for the future. Lets see what the Corrupt Concourt Judges will do?

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  13. This was main reason for Hichilema’s petition, he wanted Matibini to takeover power not that he had any evidence of rigging. And this is what he means when he insists that his election petition is still in court. I won’t comment on the merits and demerits for fear of being in contempt

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  14. There is no precedent in the Commonwealth of Patricia Scotland to support what hh wanted. The three clauses in the constitution are simply errors that will be ruled on based on precedent or the lack of it. Just correct the constitution you tribal fuuckers.
    As Ayatollah says hh had no evidence for his petition, so his strategy was that when the speaker takes over we shall have a very weak and very unstable government in which certain things can happen, I will not mention the things for security reasons but tge government of Matibini would be so weak and unstable that it could collapse by anything like arson, presidential (speaker) motorcade incident, riots, etc even cholera. The bitterness is that the strategy was thwarted by one Professor Mvunga during the petition hearing.

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  15. Some people are blood stupid: They are busy commenting that that is in the past; Now the question particularly for is: Has the court ever judged any issue which is in future?

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  16. It was a strategy collapse of monumental proportions. Wise thing to do in such cases is to accept and move on, as Raila Odinga has wisely done.

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  17. Comments from some bloggers clearly reveal how empty their heads are towards constitutional freedom as spelled out in the Zambian Constitution which their master has continued to rape in broad daylight. Indeed, ignorance is one the vices which shall hinder this country and Africa at large to evolve from poor/ bad governance styles which we are witnessing today. If what took place in the 2016 elections was not a breach of the electoral code, then what was it because clearly and honestly, Edgar Lungu did not win the elections but hijacked the presidency.

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    • You can insult as much as you want but majority Zambians will always decide who should be in State House.

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    • @ kci

      Majority of Zambians DID decide. Unfortunately Endemically Corrupt Leader stole and buried in the cemetery ballots

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  18. Concourt’s role is to interpret the Constitution. The clause says that after the Petition is properly filed in Concourt the Incumbent President (ECL) was supposed to resign and handover Power to the Speaker of Parliament during the Petition Hearing. ECL refused to do so and the Speaker was not sworn in as Acting President. Concourt should Rule if this was not a breach of the Constitution. If so determine a remedy. Period.

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    • @ Mumba, go back and read the constitution then come back and see if you can tell the same lie in broad day light. What you are referring does not apply to a sitting president. What the opposition needs to concentrate on is making sure the new constitutions does not such loopholes. That is why they have representation in parliament.

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    • @ kci

      It is you who need to read time and time again.
      Are you by any chance sufferer of genetically transmitted imbec!lity?

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  19. It is not what HH and GBM wants. It is what is provided in the Constitution which needs interpretation. That is the Role of Concourt. Let them interpret the Clause. The intention of the drafters of the Constitution was that the Incumbent President should handover Power to the Speaker of Parliament so that he doesn’t interfere with the Petition Hearing Process and influence the Concourt Judges to Rule in his favour. Lungu refused to resign and as a result the Petition was not heard; it was illegally and unconstitutionally dismissed with undue influence from the Incumbent President. Concourt’s Ruling on this issue will set a precedent in future elections.

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  20. HH has poor leadership qualities, he must campaign day and night. Using COURTS had failed HIM in 2016. He tried using COURTS favors to USHER him to STATE HOUSE but failed lamentably.HE should change HIS political strategy like doing one thing again and again hoping to yield Good results but in NO AVAIL.The last Elections were MAD by violence, TRIBAL politics, hatred,jealousy etc. These were FACTORS that saw him as a LOSER. Then HE better change the system of politics.But UPND is still dwelling on the SAME SYSTEM that saw them LOSING elections so many times.HH change your political system.In 7 provinces, UPND has no MP out of 157 required MPs and ONLY 6 councilors . Try to close the gabs in 7 provinces, HH should not be concentrated on tribalism, HH will lose again in 2021.if ECL stand in…

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