UPND loses another election petition related court case

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HH and GBM smiling to supporters at the UPND Card Renewal exercise
HH and GBM smiling to supporters at the UPND Card Renewal exercise

Supreme Court Judge Evans Hamaaundu has dismissed an application by UPND President Hakainde Hichilema and his Deputy Geoffrey Bwalya Mwamba to have High Court Judge Chitabo recuse himself from the matter in which they are seeking the High Court to grant them the right to be heard in their 2016 Presidential election petition.

Sitting in Kabwe this morning,Judge Hamaaundu who passed the ruling together with Judges Kajimanga and Kaoma said the Supreme Court has no jurisdiction over the matter.

He has since advised the petitioners to lodge fresh appeals in the Court of Appeal to compel Judge Chitabo recuse himself from hearing the matter.

The Supreme Court ruling now means that Judge Chitabo will continue to hear the matter in which he had earlier refused to recuse himself following an application by the petitioners to have him do so.

The petitioners are now expected to continue appearing before the High Court for the hearing of the matter in which they have asked the court to rule that they retain the rights to be heard in the matter in which they have challenged the election of Edgar Chagwa Lungu and Inonge Mutukwa Wina as President and Vice President of the Republic of Zambia in the 2016 Presidential election.

The petitioners have an option to appeal against Judge Chitabo’s refusal to recuse himself in the Court of Appeal or have the matter heard before Judge Chitabo.

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37 COMMENTS

  1. Very soon it’ll be two years since the election. …nangu umulandu taubola this one is gone sour. No wonder this guy is stopping his supporters from supporting peace.

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    • Hamaaundu is a traitor and should not be welcomed in southern province

      How do you as a Tonga man deny and ridicule your fellow Tonga.

      It’s a disgrace and he should be ashamed of himself.

      Tribal line should be first and it should take more precedence than professionalism.

      Thanks

      BB2014,2016

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    • Mushota someone must have written this for you. Its very readable and explicit but the content eish the under5s will like you for this because this is what they believe in.

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    • Some rich people you wonder how they manage their worthy.
      Why worst time with petition crap. Do HH think their can be another by-election from those courts?

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    • Zambian courts are just good at ruling on technicalities and not on actual cases, no wonder there are no case references in law books, its always i refer to the case of Richard Johnson vs so and so of 1962 in high court of England.

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    • CAN JK AND COLLEAGUES “UNSING” THAT DUNUNA REVERSE SONG? IT APPEARS IT IS A CURSE TO THIS COUPLE.
      ==============================
      Losing is now synonymous to UPNDEAD. August marks 2 straight years for that “right to be heard petition matter”.
      The drawing board remains deserted by the 20 years failed grouping.

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  2. How is that losing when have just been redirected? Pathetic journalism by PF cohorts at Lusaka Times!!! Always only writing about UPND when its negative shi******t to write.

    Thank you

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  3. What could be the main reason of wanting judge Chitabo to recuse himself from hearing the case?
    It appears like UPND have prefered judge to hear their case.

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    • They want someone who can rule in their favour. Funny thing is HH has insulted everything and everyone on the judiciary so I don’t understand why he should even bother using our courts. Oh I forgot that international bodies have brushed him aside so it’s back to our “primitive ” courts.

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    • Thats why he took that case before judge hamaundu thinking that he will be favoured on tribal lines

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  4. ” HH WILL DIE A BITTER MAN” says Tayali. This ruling is another blow to HH that will increase his bitterness towards ECL. When you are good you are good and the judgment will always favor you, this is how humble ECL is. This petition case is now rotting at concourt, it is water under the bridge, whether the ruling is made in favor of UPND, HH will NEVER be at the state house. This is one aspect that has contributed to UPND’s diminishing political fortunes because HH and his cohorts have made a lot of useless noise about it at the expense of conducting checks and balances as an opposition party. In contrast, PF is gaining momentum in every election, penetrating even UPND strongholds. The UPND is falling apart

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  5. What powers does HH have to chose which Judges should hear his case? Even footballers do not chose the referees. This is why their so called Presidential petition failed to happen within 14 days as require by law because they wasted time on none issues. Sometime I wonders how sane people can be UPND followers. Insanity is doing the same thing and expecting different results.

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  6. Can someone please advise HH and GBM to concentrate on 2021 elections. They are becoming irrelevant by the day. Mwe bantu, 2 years down the line ule lwisha instead of condemning violence.

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  7. HH thought because our esteemed Supreme Court Judge Evans Hamaaundu would side with him on a tribal basis. Our judges are picked with the highest scrutiny. This is not Kenya or the Congo. Zambians are united wise people. Our leaders are the ones with problems.

    Ni ta kubôna kamuso ( Tomorrow people ).

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    • God bless you Supreme Court Judge Evans Hamaaundu. May the Lord grant you more wisdom and long life. We need people who are objective and follow the law and not what their brain tells them.

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  8. HH is the late. If he was in US or Europe, his party members could have told him long ago to step down and concentrate on his cattle business. I wonder how those still left in UPND reason because its their time this clown called HH is wasting. If you know politics, by now it must be crystal clear that President Lungu will sail through 2021 no matter how much Ichilema will try. Ask Katumbi, if he can be lost and confused at the rate of development taking place in Zambia, how possible is it that the Zambians (natives) will not give a resounding YES vote to President Lungu and the PF? As it, UPND is no different from what UNIP is today.

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  9. GBM and Hichilema must appreciate that Judge Chitabo refused to recuse himself because the case had already advanced. They should instead blame the two lunatics Jack Mwiimbu and Martha Mushipe for first delaying the petition and for preparing a haphazard document that even John Sangwa failed to cure. They even failed to know that they were appealing to the wrong Court, what kind of lawyers are they? Just like Mufasa, Hichilema is surrounded by idi0ts and it seems he enjoys it

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  10. lands for sale in chisamba district some 80km away from Lusaka in chipembi area and also in kanakantapa settlement area contact me 0979440154 0963088322

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    • Anything to be near reach of the upcoming Mwomboshi Dam?!!

      Good one you are trying. Lol!!

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  11. Let the case proceed. Only God will give better judgement. HH and GBM should pray very so that God can answer our cry.

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  12. Time wasters! He is going into forced retirement in 2021 and his assistant, “A Thief” will be President!

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  13. HH needs mental examination otherwise he will die a very bitter person for nothing. Why not just accept and move forward like the UPND slogan in order to mobilize the electorates in preparation for 2021. Wasting people’s time in courts. This is too primitive by HH and it really hurts. Even a very new person on the political scene can contest and win while HH is still drowned in ECL forgotten win. He is left in the dust.

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  14. We all know that HH is a perpetual loser dating back to the time of late Mwanawasa, then lost again to RB, then lost by distance to late Sata and twice against a new comer ECL. So where is the doubt now when it was obvious that he was loosing again. Spare the courts badala, there are more serious cases to be attended to.

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    • He would have been here if it was our president in the photo. He know who is there – CHILDISH so he has gone into HAIDIN’.

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  15. $750 million Eurobond payment is due. Whos salaries are PF going to delay?The innocent civil servants or corrupt judges.

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