Court indefinitely adjourns presidential eligibility case after new twist

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The Constitutional Court has adjourned the case in which four political parties are seeking an interpretation of President Edgar Lungu’s eligibility to stand in the 2021 Presidential Elections.

Justice Anne Sitali said the Constitutional Court could not hear the matter today because it had received copies of complaint to the Judicial Complaints Commission against Concourt President Judge Hilda Chibomba.

Justice Sitali who sat with Concourt Judges Hilda Chibomba, Margaret Munalula, Mugeni Mulenga and Enock Mulembi said the matter had been adjourned until further notice.

She stated that last week on 26th January 2018, the Constitutional Court had received a notice of motion that President Lungu’s eligibility case be heard by a full bench of seven judges.

Before the Concourt today was full representation of all the parties involved in the presidential eligibility case.

Attorney General Likando Kalaluka was in attendance along Solicitor General Abraham Mwansa and Jonas Zimba, Counsel for the PF who are the second respondent.

Also present was State Counsel John Sangwa representing the Law Association of Zambia (LAZ) as first Interested Party while Keith Mweemba represented the United Party for National Development (UPND).

Representing himself as the third interested party was Heritage Party leader Godfrey Miyanda.

In its sitting on January 24 this year, Concourt President Judge Hilda Chibomba warned parties involved in the presidential eligibility case to desist from further delaying the matter as the judges were ready to hear the main case.

Four opposition political parties have petitioned the Constitutional Court to determine the interpretation of who is eligible to stand in the 2021 general elections.

The four are Dan Pule of the Christian Democratic Party, Wright Musona of the Zambia Republican Party, Peter Chanda of New Congress Party and Robert Mwanza of the Citizen Democratic Party.

The four are seeking a declaration that President Edgar Lungu is eligible to contest the 20121 Presidential Elections.

They argue that President Lungu who was first elected in January 2015 after the death of President Michael Sata has not served a full term of office as he was in office for just one year 6 months.

They also argue that President Lungu’s first full term begins after he was sworn in on September 13 2016 following his victory in the August polls.

Yesterday, Four smaller opposition political parties that are aligned to the ruling PF have dragged Constitutional Court President Hildah Chibomba to the Judicial Complaints Commission alleging gross misconduct and incompetence.

The four parties are Christian Democratic Party led by its President Daniel Pule, Zambia Republican Party led by Wright Musoma, New Congress Party led by Peter Chanda and Citizens Democratic Party whose President is Robert Mwanza.

The four claim that they have information that Justice Chibomba as the leading Judge in the petition shares the same lawyers with the opposition UPND who are the 2nd interested party called Messers Malambo and Company.

They also argue that in a ruling dated October 13th, 2017 of the Judicial Complaints Commission under cause 2016/JCC/84, Justice Chibomba was represented by Messer Malambo and Company, some three months ago.

They say the complaint at the Judicial Complaints Authority was commenced in 2016 against her and other Judges while their petition on the Presidential eligibility was filed in 2017.

The four Political leaders have complained that Justice Chibomba has been sitting on their case since 2017 whilst her case is actively being represented by Messers Malambo and Company.

They have complained that they are faced with a situation where Justice Chibomba and the UPND have one law firm as clients.

They have contended that the situation is undesirable and deliberate.

According to the four opposition leaders, Justice Chibomba, the UPND and Messers Malambo and Company have an inseparable relationship which any person could have changed lawyers or the Judge should not even have made an appearance of their petition.

They argue that the parties could feel intimidated and believe there could be bias and collusion.

This they argue constitutes incompetence and gross misconduct on the part of the honourable judge of the Constitutional Court.

They have contended that this is a violation of the Constitution and the Judicial Code of Conduct.

The four political leaders have urged the Judicial Complaints Authority to investigate Justice Chibomba as no judge of her standing as Constitutional Court President will allow herself to be in a conflict position.

They have also urged the Commission to advise Justice Chibomba on the complaint so that she can recuse herself or they would withdraw their petition before her.
The complaint letter has been copied to Justice Chibomba, the Chief Justice, Deputy Chief Justice, Attorney General and Judges of the Constitutional Court.

In the initial matter four opposition political party leaders have petitioned the Constitutional Court to determine that President Edgar Lungu is eligible to stand as a candidate in the 2021 presidential or other future elections.

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94 COMMENTS

    • Zambia will never develop as long as we run around in circles trying to take everyone to court! In the mean time we waste precious time and scarce resources making lawyers rich. Go to the East Asia countries like Japan those people are not interested in time wasting activities like going to court! In Zambia a summon is now synonymous with the name “Simon” soon we will have kids named Summon Phiri and Summon Mwale! Complete madness, let these opposition parties focus on checks and balances and besides come 2021 we all know chances are HH (Human Hyena) is winning so why the panic from these cretins???

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    • A nation under siege. Thieves running the affairs of our country. Wait until you get to appear before these same crooked judges like Kambwili is. Then you will know that injustice for one, is injustice for all.

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    • @2020vision – I totally agree with you. The name “Summon Constitutional Court Mwale” is sounding like a very good name. Just like “Helicopter Zulu”.

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    • Sounds like Edgar instructed Concourt that he is on way out any way.
      It has been sad presidential episode for Edgar, just resign mudala, fisanga abaume.

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    • You will notice sitting on that Bench was Justice Mungeni Mulenga. Now just to refresh your memories, Justice Mungeni Mulenga (to PF’s own admission and revelation) was the Judge they woke up in the wee hours at the height of the PF succession battle to issue an injunction and would later go on to enter a consent judgement between Lungu and Miles Sampa, in the absence of either Sampa or any of his representatives.
      We also know she is one of the three judges who voted to not hear the UPND’s petition.
      So one may ask, why it is GROSS misconduct for Justice Chibomba to share a lawyer with one of the interested parties and not misconduct when the main subject of the case has an undisputed close relationship with one of the justices?
      Dan Pule and his sponsors may need to be very careful…

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    • Dan Pule and his sponsors may need to be very careful with the game they are playing because I have a feeling it will boomerang big time.

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    • @Armchair critic, I hope your point has been noted by the respondents. They should also sue for Judge Mungeni to recuse herself. It’s now tit for tat.

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    • Danny Pule is a Clown. An old man who divorced his white wife, married a 20 year girl (who was already married), divorced her after 2 months & married another choir girl.

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    • Hh’s scheming will never work. This is the same judge that hh is building a mansion for in ibex hill

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    • THESE ARE NECESSARY LEGAL BATTLES- PERFECLY NORMAL IN A HEALTHY DEMOCRACY. LET THE LEGAL BRAINS HANDLE IT TO PROVE THERE RELEVANCE.
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      Both sides have points. Let those charged responsibility to dispense justice do so without favor. Those whose positions attract questionable interests should indeed recuse themselves. Don’t
      use emotions; remain resolute – the task ahead is huge. #DoitforZambia #Powerissweet.

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    • @maloza – The Dan Pule team was bankrolled by Lungu to quickly dispatch these issue once and for all – they thought it would plane sailing..really laughable…it only became messy when UPND and Miyandas gatecrashed the party hence all these adjournment and Lazy Lungu swearing-in more of his sympathizers!!

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  1. where are we going as a nation when elderly people can start behaving this shrewdly surely. even me can see this is meant to delay this case until its water under the bridge. I have also a sneaky feeling this move is meant to intimidate the judges so that they can either withdraw or give a judgment that is favourable to ECL. and then we are being threatened with social media scrutiny when all this is happening please spare this nation for a second and allow it to come out its cocoon. spin doctoring will not take us anywhere.

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    • No intimidation here. This is the judge hh Is bribing by building her a house in Ibex. UPND tried a similar trick in the run up to the last elections, they had infiltrated the MOA and tried to frustrate voter registration in PF strongholds and ensure maximum registration in upnd stronghold. They were caught pants down. They had even designed a pvt based on that false perception. It was crushed in the last 2 months before elections. So, in short, the cheaters are hh and upnd but like always caught pants down. I thought you should know some little facts my friend.

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    • @ Asegai, “No intimidation here”???
      You may be right. On the other hand, why are you always spreading fake news? Paid-up blogger? Or just case of genetically induced !mbec!lity?

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  2. Daniel Pule has no locus standi, he’s leading an illegal political Party that the Registrar must deregister forthwith. The Constitution states that no political party shall be founded based on religious beliefs. I don’t know why John Sangwa has thus far missed this. It’s also too early to talk about who’s eligible to stand in 2021, we can’t be in election mode all time!

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    • Infact Dan Pule must be arrested and sent to jail for 7 years for violating Section 24 (1) CAP 119 The Societies Act of the Laws of Zambia!

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    • It seems you have not been following this case …you honestly think Pule was supporting himself; you do not know this man you think he would be interested in something where they are no young women…really laughable..ask PF they threw a double edged sharp boomerang and forget about it!!

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  3. I don’t understand the concept of a court of final jurisdiction not headed by the Head of the Judiciary, ie. The Chief Justice. It’s a circus

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  4. Lungu will be jailed mayo.Who told him that he should stand in 2021?Please leave the judge alone.U’re just making yoself unpopular to Zambians

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    • ECL is standing and winning the tribalist and his zinjathropicals!! We do not need cow dung to fill our streets. It is worse than cholera. Just imagine if we had the cow dung guys in power with this cholera! These guys cannot even clean their bedrooms. Filthy loot!!!!

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    • Zambians are too docile, no reading culture to be bothered with such…increase tax on beer, increase DSTV Subscription fee and introduce jail time for those caught having extramarital affairs then you will see them take to streets.

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  5. We have told you lungu will not go quietly , Zambians have a fight on their hands to uphold the rule of law and the little integrity left of the judiciary…….

    What a crook , what a crook.

    He knows if he goes now he will be jailed for grand looting and corruption…

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    • How can the president of the ConCourt have the same lawyers as the petitioners and she doesn’t declare a conflict of interest???

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    • Your hh has only found himself exposed and dribbled again. He and upnd are going nowhere. The real game for 2021 has not yet started, just wait for another rude shock, cow dung shovelers!!!

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    • Fortunately, there will be no bloodshed in Zambia. Preach your policies to us and we will screen them as we employ you at the polls. If your policies stink remnants of tr!bal!sm and other repugnant traits like impeccable associations or ACTS of dining with bitter Lucifer, we give you zero chance at your shot at plot ONE. It’s as simple no magic just the genius umderstanding of numbers at the polls. Zambians want to live; they are smart people. Zambians roll!!!!!!!!

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    • That’s what you get when you have elect a lawyer who has no respect for his profession that he will cut corners and shortchange his own clients.

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  6. It’s not necessary to start arguing as to who is eligible to stand for presidency. We all know how to read and understand English well. I believe you know that Lungu is eligible when you read the constitution. Lets just wait and see who is popular instead of shielding others with eligibility criteria. Even in the past these things have been head such as FTJ is a Congolese and the like. Personally, I don’t mind who wins the 2021 elections, it could be Kambwili, HH, ECL, Chipimo or Sinkamba since they are all Zambians. Lets not waste resources and our precious time in court proceedings like brainless people.

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    • I totally agree: whoever wins isn’t a problem at all, this is what is called democracy. However, violence must be stopped at all costs.

      I particularly happy that candidates like Kambwili has welcomed the incumbent to stand and possibly be beaten clean by himself CK. What is better than fighting out for Plot 1 without hindrance and criminal obstructions.

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  7. These were the same judges publicly threatened by Lungu and appointed by Lungu.Me thinks we need impartial commonwealth judges to hear this case.

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  8. I think God is overrated. Were he there all this rubbish would not happen – and don’t no one tell me about the nonsense of “in His Time!” Atase. Nafulwa sana! Mwe mbwa mwe!!!

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  9. Presidential eligibility is for any Zambian who can reduce the people’s problems and uplift the country to a better social and economic level.

    A court ruling cannot do that for Zambia. Only Zambians themselves can do it by:

    1. Choosing a wise leader. (The popular one is not always the wise one!)

    2. Working hard for your own community. Hard work is the key to success! Hard working people always enjoy the fruits of their labour even when their leaders let them down. They contribute to the well being of the country and their work is never in vain.

    3. No need to talk about tribalism all the time! One Zambia, One Nation! This foundation has already been laid by our patriarchs and we must build upon it – we must all agree to disagree with the ones who contravene against our…

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    • Unfortunately eligibility of Zambian presidential candidacy is “what tribe” you come from.Bemba yes you 100% eligible,but Tumbuka ,Tonga or Lozi ….no need to apply.

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  10. The headline is misleading in staring that the case has been adjourned indefinitely.

    What seems to be the truth is that the Concourt is awaiting the ruling of the JCC on the eligibility of one of the judges based on a potential conflict of interest.

    As soon as the JCC rules, the case kicks off

    Now how is that called an indefinite adjournment ?

    Surely the basis of the complaint does have some merit to it, its not just a frivolous time wasting tactic

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  11. Like it or not the infiltration of Upnd in the system is the source of most of the problems we’re facing. A civil servant is only answerable to the people of Zambia not Lungu or some Hakainde Hichilema……But today some civil servants don’t even hide that they hell bent to Lungu fails….but who suffers is it Lungu or me the ordinary Zambian? This woman judge has no shame at all.

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    • REJECTAMENTA CK NAILED IT AS HE CAMPAIGNED FOR THE PARTY THAT DITCHED HIM WHEN HE DECAMPAIGNED THE LOW ENERGY RED BARRET PARTY
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      He said and I qoute: “Civil servants in the region and regions were contributing K150 .00 per month towards the, a, an HH campaign just to help him sneak into plot 1” After the shock of their lives, they decided to hang the, a an HH portraits in public office walls. Pure and systematic disorder and disobedience to the office of the President. This is the state of Zambia. Political novice characters with civil disobedience mannerisms systematically taking control of the systems with impunity.

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    • Whole thing started by PF government appointing PF cadres in civil service even to level of Permanent Secretaries. Now you tell me if there is any seriousness in that kind of arrangement. Civil service is in a mess where even a Minister fails to perform because there is no professional connection to the Ministry to advise the Minister. Can’t you see that most Ministers are just quiet in this government?

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    • @#Spaka read carefully…I condemn everyone who undermines the operations regardless of their party including mad Davis Mwila. I am not like who supports HH even when he farts.

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  12. The opposition is very much scared of lungu, they know for sure that if lungu is allowed by the court to stand in 2021 they will lose the elections miserably, no wonder they are trying by all possible means to have this case ruled in their favour. But this is very simple to understand even by non legal minds that Edgar is still eligible to stand, mind you even natural justice law favours Lungu, just mark my words ECL qualifies to stand for the 2021 presidential elections. Like what others have alluded to above, this is time wasting that has the potential to derail the much needed and awaited social economical development. My advise to the opposition is – Put the interests of the nation above party interests

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    • If lungu was so comftable and you pf rats so sure of victory why is lungu using violence to block people like CK going for radio interviews ???

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    • It never ceases to amaze me how any principled UPND supporter can now be supporting Chishimba Kambwili! After all is not the UPND mouthpiece the Watchdog that told us about his gross abuse of power and corruption? Added to that his tribalism against certain ethnic groups during the last election was nothing more but hate speech. Alas for unprincipled UPND supporters all is forgiven because he has fallen out with Lungu!

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  13. The curse of Zambia we always end up with poor leadership. 2021 please let’s try something different.

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    • Same one who voted for the petition to continue after it had expired its mandated time. I am also sure this is the one reported to be built a mansion by the opposition.

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  14. Is this the same Judge who was singled out and bewitched at midnight to resurrect a dead presidential petition? When are we gonna learn to resign for incompetence mwebantu? Or maybe it was something else not incompetance?

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  15. God forbid that we get deceived by PF and Lungu for a second time, We have had enough of this PF nightmare curse already.
    It’s time for a real leadership thats not as greedy as Lungu’s PF

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    • You are aware that upnd leadership are building a mansion for a certain ConCourt judge???? Something adding up???

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  16. Some of the bloggers we have here are so brainwashed by HH that they will simply refuse to look at issues objectively. They will find the slightest excuse to condemn ECL and PF without providing any sensible argument to back up their claims. This is a simple legal issue. As Mwape (No. 15) correctly puts it, the issue here is that the Concourt is awaiting the ruling of the JCC on the eligibility of one of the judges based on a potential conflict of interest. This is not time-wasting.

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  17. Hildah Chibomba is tonga and supports HH’s UPND!!all Zambians know this fact.she must not handle this case.if you remember after 2016 elections,she was among the two Concourt Judges who wanted HH’s petition to be heard beyond 14 days as stated in our constitution!!
    Our country is very divided on political and tribal lines.even learned judges are divided.one would easily find a Pro PF or Prof UPND Lawyer,Medical Doctor,Teacher,Engineer,etc.there is no objectivity in our country anymore!!
    BUT THE FACT IS WHETHER UPND LIKE IT OR NOT,ECL WILL STAND AND WIN UNDER PF IN 2021!!a lot of political factors still favour PF especially if the opposition parties fail to field in ONE STRONG CANDIDATE in 2021!!HH did well in 2016 because he was ALONE AS A STRONG OPPOSITION CANDIDATE.but in 2021 HH…

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    • Judge mwila chitabo has refused to recuse himself in the right to be heard case, justice hilda chibomba should just do the same. Kufwafye na NO mukanwa madam.

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  18. …l the opposition must just agree that ECL is eligible…because 80% of Zambians as at now including 10 year old have all the reason..all the ammunition to vote him out….if elections were held like next months ..only a handful of corrupt govt officials and their families would vote for him…even rigging wouldn’t work this time….

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  19. Reading about Danny Pule’s stinking pit latrine acrobatics only engenders considerable cynicism and rightsly cast him as a shameless opportunist.

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  20. Imwe chill, President Lungu is very ELIGIBLE to stand in 2021 and I see no problem here. This is why. Late President Sata was elected in 2011 and died (MHSRIP) in 2014 October meaning President SATA ruled for a FULL TERM. As per Zambian Constitution, someone needed to stand in, to complete the term after the demise of a sitting president. So President Lungu WON and fulfilled the law by standing only for 1 year (2015-2016). Let someone opposition site where it is written that one year in office of President amounts to a full term.
    In 2016, he contested (not recontested) and won squarely defeating those who overate themselves, reasons known to them. THIS ACCORDINGLY IS PRESIDENT LUNGU’S FIRST FULL TERM and it ends in 2021, where because of his able leadership, we the people (majority…

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  21. contd
    ….we the people (majority voters, 7 Provinces, if not 8) will re-elect President Lungu in 2021 so that his TWO TERMS ENDS IN 2026 by which this country would have been transformed surpassing the likes of Rwanda. Unfortunately for Ichilema, he will be too old and tired in 2026 to stand against another young opponent from PF. This is what is scaring the Under 5, its the question of facing someone young and brilliant from PF in 2026. So let him stop wasting our precious time.

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  22. At the rate we are going i won’t be surprised to hear that a doctor recuse himself from attending to dying patient.

    Imagine this a family under attack from criminals asking a police officer to recuse himself from going to rescue them from thugs.

    What is puzzling me about these Dan piles parties is that first they requested that the case be handled by a full bench of concourt judges and they got their wish, again today we hear they have petitioned that one judge recuse herself, which means the case won’t be attended to by a full bench of judges.

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  23. Forget the legal case ,just by tribal case Tumbukas ,Lozis and Tongas almost have no chance of ever producing Zambian presidents since some tribalists have a toxic reaction to their candidates.

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  24. Straight forward case. Someone passed away, someone else stood in as interim. Someone must stand to serve his two tems because the interim was not his term. Simple! We need to make sure that the tribal party is kept at bay forever. What is the problem? Big minds discuss ideas. Small minds discuss people. Hazaluza Hagain.

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  25. I believe the constitution says if the if the president serves on two occasions, it does not say two terms.
    That is the confusion

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  26. Trust me, the JCC will clear Judge Hildah Chibomba and shame the representatives of the four small( nashala neka) parties

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  27. is Dan Pule happy with the way blood has benen shed in Zambia under Lungu’s government?

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  28. How many terms are there in 5 years and what constitutes a term in the current Zambian Constitution… If these questions cannot be answered by the Law Association of Zambia, then we have dull Lawyers running the association and hence the reason we don’t have competent lawyers in the international organisations from Zambia…

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  29. I just don’t understand what people mean by ” Zambians are docile….” If you think they are docile and you are not docile why don’t you start whatever you think will please you? Or do you want others to risk their lives while you sit safely at some distance? In any case Zambians have caused change when they feel it’s justified not just because Hakainde Hichilema says something unsubstantiated.

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    • You wouldnt understand…when you stop putting your foooolish Hakainde in every issue you will understand.

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    • @Jay Jay please if you can’t be civil don’t reply to my postings. I don’t see how you can not just reply without showing your fecal manners. Have farting day.

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  30. Are the remaining five judges not conflicted in the same way? Somebody needs to do an Application to JCC pointing out how the other five Judges are equally conflicted. Normally the lawyers for the Applicant and Respondents are different. Its rare that a Judge is sued and requires to hire lawyer for the purpose. JCC should Rule on this one and explain how judges should seek legal advice when they are sued at JCC.

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  31. The president will stand and trouce the mammals Hagain! He is eligible! These Under Fives are always in denial! People who act like they have never been to school are a danger to the nation.

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  32. Hakainde Hazaluza Hagain! He should go to Panama and bring back tax money. He is like the Post! They are criminals.

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