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Alba Iulia
Wednesday, August 5, 2020

HH and GBM dont want the court to review the Constitutional Court’s judgment that dismissed their presidential petition

Headlines HH and GBM dont want the court to review the...

GBM and HH at the Court in Luanshya
GBM and HH at the Court in Luanshya

UNITED Party for National Development (UPND) president Hakainde Hichilema and his Deputy Geoffrey Bwalya Mwamba (GBM) yesterday told High Court judge Mwila Chitabo that they do not want the court to review the Constitutional Court’s judgment that dismissed their presidential petition but to determine whether the act violated the opposition leader’s rights.

This is in the case in which the two UPND Leaders are seeking a right to be heard before the court following the dismissal of their presidential petition by the Constitutional Court after the August 11 General elections.

Mr Hichilema and Mr Mwamba through their lawyer have indicated that the Constitutional Court’s decision to dismiss their presidential petition case was final.

On September 5, 2016, the Constitutional Court threw out the petition challenging the re-election of President Edgar Lungu after the 14-days in which the matter was to be heard expired.

They have submitted that the Constitutional Court’s verdict is a non-issue and that they will not ask the court to review the judgement.

Earlier in the case the State filed a notice of motion to raise preliminary issues through the Attorney General Likando Kalaluka.

Mr Kalaluka raised a number of questions among them whether the determination of presidential election petition is a civil right.

He further wanted to know whether the High Court can inquire into a question of fair trial when the presidential election petition case was never heard.

The attorney General also wanted to know whether the High Court can have a different interpretation on the time frame in which a presidential petition can be heard other than the 14 days.

In response, Mr Hichilema and Mr Mwamba have said they do not want Mr Chitabo to review the Constitutional Court’s judgment but determine whether the act violated rights.

“We are not asking the High Court to disturb what they [Constitutional Court judges] did. The Constitutional Court’s decision is final and it’s a non-issue,” they have said.

They add that the issue is whether the Constitutional Court’s dismissal of the presidential petition was in line with the provisions of the Bill of Rights.

They have also questioned the constitutionality of the Constitutional Court’s dismissal of the presidential petition.

The duo have submitted that the High Court has the power to determine whether the Bill or Rights was violated when the Constitutional Court dismissed the presidential petition.

In reply the Solicitor General Abraham Mwansa wondered how the High Court will inquire into the hearing of the dismissed petition when the case was not heard.

Mr Mwansa argued that the determination of any matter by the Constitutional Court cannot be termed as a violation of the right to fair trial.

“The proceedings before you [Justice Chitabo] have nothing to do with violation of the constitution,” he said.

Mr Mwansa said the presidential petition was dismissed because it could not be heard within the prescribed 14days because the petitioners chose to concentrate on interlocutory applications.

“We therefore urge this court to dismiss the petition with costs as the same is misconceived at law,” Mr Mwansa said.

The matter has been adjourned to Monday next week.

73 COMMENTS

  1. If there’s so much exam cheating/leakage how can Zambians rest assured that the presidential ballot numbers have any integrity ?

    • At least 35 years we have been faced with this blood leakage issue, no solution in the vicinity. Poverty. Corruption.
      Anyway, I am observing a major shift in UPND to a more reconciliatory ton on these post-election issues, I don’t know what they are trying to achieve here with this “determine whether the act violated the opposition leader’s rights.”
      It sounds like GBM and HH are trying to save their faces. The best would have been to withdraw the case and close this circus. That would have had a more positive impact, than what they are trying to do here.It’s not a winning strategy.

    • If Upnd was smart, it’s time to change the leadership. Keeping the current leadership is dangerous to the party. It’s sad to see that biggest political party have no direction and the entire Upnd can’t do anything but just following what their selfish leader is doing. What a shame. Today they accuse the court of been corrupt, today the accuse the ECZ of been corrupt and tomorrow they say other things. Mayo what a useless party our brothers and sisters in southern can’t question their leader but just following because he’s Tonga. Wow what a shame.

    • The day citizens will be allowed to hold peaceful protests the corts will start exciting justice. As it stands the circus goes on, highest bidder takes it all.

    • Mavuto – the problem is people do not know how powerful they are…did you see anyone apply for permit when those students marched down Great East road after the death of their colleague at the hands of police brutality ,there was no police in sight.

  2. Meanwhile he wants his case to be heard. Everything is just about himself

    He set the prices and sold to himself

    And got paid for selling to himself

    And himself took the proceeds to panama to save himself from paying taxes

    He made himself the richest man in Zambia through privatization.

    He made himself life president of upendi and no one in southern province can challenge him.

    I WILL BE LAUNCHING THIS BOOK AT MANDA HILL. GET A COPY ONLINE

  3. Micheal sata he never wasted time going to court after a loss but went flat out into party mobilisation.HH and GBM should take a leaf I see this as serious lack of political experience, they both know that the judicially in Zambia is not independent.

    • If these matters are not contested and settled now they will recur in 2021. So these matters should be settled b4 2021. The lesson learnt is that Concourt erred when they illegally dismissed the Petition on aTime Technicality and without Hearing it. It is illegal and unjust to violate the Petitioners Constitutional Right to be heard. Its illegal and unconstitutional. Period.

    • Sata managed to do that because MMD did not criminalise the right to assemble like the PF thugs are doing.

      Why should you geta permit to gather ?

      PF is afraid.

  4. Now this is dullness on the part of GBM and HH. They are now agreeing that the Con Court was right to dismiss the late petition and the decision is final. They delayed the process because they did not have any evidence and kept on filing preliminary applications for one nonsense after another. These two are real RICH FOOLS.

    • To the contrary they are not. Its a smart choice. Why take the case back to con court when the court will rule according to what Lungu wants. Con court avoided the evidence end off.

      What they is the high court to rule on simple matter about the right to heard and set case law straight for the future.

      This case is one of the trickiest case for judges and PF. How it is disposed of will define whether PF is rogue regime or not. Thats why it is bound go on until 2021 even beyond.

  5. So the Attorney General and Solicitor General both agree that the presidential petition was not heard.
    “Mr Kalaluka further wanted to know whether the High Court can inquire into a question of fair trial when the presidential election petition case was never heard.”
    “In reply the Solicitor General Abraham Mwansa wondered how the High Court will inquire into the hearing of the dismissed petition when the case was not heard.”
    The right to be heard…”everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”

    • Yes it was not heard because upendi failed to bring forth 2000 ballot papers found in bin by Maureen

      Upendi failed to bring forth lundazi 2000 votes stollen by pf

      Upendi failed to bring a driver from kalulusha who said pf rigged

      14 days passed and you that is the period proscribed by law

    • The petition could not be heard because of what Abraham Mwansa alluded to and I quote:
      “The presidential petition was dismissed because it could not be heard within the prescribed 14days because the petitioners chose to concentrate on interlocutory applications.”
      The public heard one preliminary issue after another when the clocking was ticking until 14 days elapsed. We were anxiously waiting to hear the evidence UPND had on 2016 elections, which todate claim victory was stolen from them.

    • ”everyone is entitled to a fair and public hearing within a REASONABLE TIME by an independent and impartial tribunal established by law”

      REASONABLE TIME= 14 DAYS Where is the the problem?

    • Mwansa you have missed something here! Here is a student who goes in an exam 30 min late and it is an hour exam. Can u tell us what should happen when it is time up? That is why winning a case is not in huge team of lawyers but quality lawyers. His lawyers backed out because they saw that time was not enough. Read the story of shyrock the money leader!!!.

    • I concur with you. The right to be heard. There in lies the issue.
      To those who think HH pursuant of the legal justice system is doing it for himself, you are extremely short sighted. The issue is about every Zambians right to be heard. God bless HH for standing for all people’s rights regardless of the outcome.. it is justice that is at stake here and it’s for all.. party issues aside!

    • @Independent

      You are smart! You can read into the legal mess PF lawyers have put themselves.

      This is why the court keeps adjourning in the hope that one witness will disappear.

    • Both the AG and SC agree that the Petition was not heard by Concourt and they both Agree the Petitioners in terms of the Bill of Rights have a Right to be heard in Concourt. They cannot be heard in Concourt becoz it is biased and messed up. So an Independent Court like ICJ should hear it

  6. This is one of the reasons why we hardly progress. While other countries find themselves tackling essential issues such as technological innovation, renewable energy and economic sustainability, the biggest challenge our opposition parties have is whether or not to swallow their false pride and reconcile with the nation.

  7. So it was a mistake for Concourt to “dismiss ” the Petition without Hearing and determining it. They now know it was illegal and unconstitutional to “dismiss ” the Petition without Hearing it. They wanted Concourt to Review the Petition and then rig the Judgement. The Petitioners saw thru the trick and hence are refusing to have a Constitutional Review. This means the Petition remains alive. Justice Chitabo is reluctant and fearful of the implications of Ruling that it is the Petitioners’ Constitutional Right to be heard. He is in a Dilemma.

    • Chizungu chakupita Pomo, polilo kikikikiki. 14 days elapsed, UPND lawyers were delaying so as they can continue being paid. Till this day they are making money off GBM and HH. GBM has even lost weight exercising walking back and forth from court houses.

  8. Mr Hichilema, you were afforded the right to be heard but instead you decided to waste your and courts time. The 14 days limit is meant to cut out perpetual time wasters who have no responsibility of anything like yourself except to lose presidential elections. The development of our nation is priority number one and not time wasting. If you knew you had any evidence the 14 days was a clear chance for the country to hear what you hard and not hear say or social media positings. Since the 2016 elections the country has moved on and there is clear evidence of positive development. We are not yet there but the effort is evident.

    • What positive developments? The fire tenders? The presidential jet? Sale of state assets to the Chinese? The only thing we are nearing is a debt trap and loss of sovereignity my simple minded, misguided pf cadre…not development; a road here and there at exgerrated cost is not development.

    • The positive developments he is referring to are Privatization Corrupt thief with money laundering in PANAMA offshore tax haven. You missed the point.

  9. It’s end of 2018 and the country’s largest opposition is still tackling issues that happened two years ago???

    • Exactly. A normal functioning patriot and democrat realises that even the people you are challenging are also Zambians whose children will inherit the same country with your own children. It hit Odinga that Kenya is bigger than himself and Kenyatta, bigger than their fathers and will still exist for their children, if he works to destroy it, what will their children inherit?? Those pushing him to destroy his country will be gone to theirs. Kainde is a disgrace.

  10. I wonder why the UPND did not present the evidence they have on the first day but had to wait for 14 days to pass. Even after that has passed, why have they not presented it during the several press conferences that they have been holding in new Kasama? HH hold a press conference even when a rat has been run over by a car on the newly constructed road trying to blame the PF.

  11. “If Odinga did it, why can’t HH also did it?” Seriously am getting disappointed with UPND as a team. They lack seriousness and dwell so much on non productive issues. Sinkamba is always looking for ways to improve our economy though at times he is too much into thinking than reality. Please UPND stand working on your party structures at the grassroots and stop concentrating the top else you will go into political oblivion.

    • Odinga case was actually HEARD by a credible court…in fact the result was over turned. Our kangaroo court would not even hear the case…let alone make a bold judgement; stop comparing the two scenarios; very different.

    • 13.1 He submitted evidence in less than 14 days. He was 100% prepared for court. Not ba HH. ..with his waffling sidekick. Today Masebo says to him ” Owe twalishako nefi..” Mweetwa comes ATI ” Mwami we have discovered more evidence can we ask for postponement etc. ..and so it went on.

  12. Instead of 14 days in which Saturday and sunday is not specified whelther these public holidays count, the constitution should make it 40 working days in which a petition need to be heard.

  13. HH and his minions should learn to move on, are they going to be doing the same thing until the next elections in 2021 sure…..learn to accept defeat imwee!!

  14. This is interesting segment of HH’s intelligence.HH is a warm blooded melancholy of 70% . His degree of analyzing political beliefs is above normal.Sometimes, one can wonder that what REALLY HAPPENS in the mindset of this man? Especially, why HE plan the things he plans..? How long does HE analyze his gigsaw puzzles moves which I think he takes 20hrs out of 24 hrs.? If so how WELL does he listens to his political advisers..? Or can this so called TRIBAL ETHICS that has grueling in the mind of HH/UPND, that shows his vows of DYING LITTLE for his tribal folklore..?
    The are a lot to learn about HH’s uniparental dysome . If Tayali is saying that HH is a dangerous person, he truly knows it. HH and his cohorts including in High court vicinity have a peculiar problem with this country.

  15. how are you Mr president HH, the 2016 petition was not a good one, the judges acted corrupt , am wondering just the upcimg 2021 elections will be.
    thank you very much

    • These cases for HH are very confusing. Just when you thought something tangible was going to come out from him and his team, another parallel matter comes up. So how can his followers follow ?

    • The answer is no Judgement was given by Concourt. That is the problem that Concourt and the Respondent are facing. Had Concourt issued a Verdict the Petition would have been settled since its Decision is Final. Hence Concourt and the Respondent are desperate for a Constitutional Review of the Petition to correct their Error.They made the mistake of illegally and unconstitutionally “dismissing” the Petition. Instead of rigging the Petition Hearing Concourt should have rigged the Judgement. Now this Petition will haunt Concourt and the Respondent forever. Mulandu tauboli and the writing is on the Wall.

  16. Gentlemen and women politics aside in the 14 days they were given what evidence did they bring before the Concourt ???. It was just preliminaries after preliminaries a clear indication that they were not ready. There is social media where even leaked exams are posted why haven’t the UPND posted their evidence???.And HH worshippers believe that elections were rigged!!How?? Please show us we are waiting

  17. go on laughing at yo own peril – the state has been hijacked, the proof is right here from the govt’s lawyers, the PIG of UNIP days is back de facto, and you think yo laughing at HH etc – man yo laughing into a mirror !!!
    The Lost Country…Jesus has no tears for Zambia, this is the the Rubicon, the Valley of Darkness, the Rivers of Babylon – Zambia shall be free IF YOU REPOSSES YO PRIDE AND FREEDOM !!

  18. I said this before, and I want to repeat. If I was a lawyer representing HH and team, the onus would be on me to seek the court’s interpretation of 14 days. As someone has mentioned, there was need to clarify if the 14 days included or excluded weekends and public holidays. If they included weekends and public holidays, then I would have asked that the court agrees to meet on weekends and public holidays (and also extend daily working hours), just for the purpose of dispensing this case within the constitutional 14 days. But, no, lawyers of HH and team did not even think of this, and were overly consumed with preliminary issues. The state lawyers had no felt need to have the 14 days interpreted.

  19. Dream on @charlie diaspora which State has been hijacked??Dont be cheated the majority of Zambians are in support of ECL and PF. I will repeat so that you thickheaded HH worshippers understand popularity of any political party is at the ballots not on social media or radio phone in programs

  20. Every one has a right to a fair trial……….. even judges have a right to be heard. Equally the state have the right to be heard…… let us a take a view, if a person is aggrieved and choose to go to the court and you advised him not to go to the court, what do you expect him to go then?
    A civilsed society allows the law to be followed to the letter… the 14 days in Concourt is a new thing and what the Concourt was supposed to do was to set a precedent for future reference………..
    in the event that PF loses an election and seek Concourt intervention and Concourt do as it did to UPND, what will PF do?
    If it is impracticable to hold trial of Presidential petition within 14 days, would it be legally and factual correct that Presidential election need not to be contestable in the…

  21. If it is impracticable to hold trial of Presidential petition within 14 days, would it be legally and factual correct that Presidential election need not to be contestable in the Court of law? the other question is how long did the Concourt hear Lusaka Central constituency appeal? Did it take 14 days? can a Presidential petition covering an country wide election take a 14 days? what was the essence of the 14 days?
    Moreover do you expect a lower court to rule against the Concourt?
    The essence of law is for proper dispensation of justice not to promote illegality……….
    Let someone steal your car and he put a defence that the case is statute barred and you lose your car. what will be your reaction? For order to be in a society any person should access to justice….. The State must…

  22. The State must in the forefront to promote justice……….even where their interests lie with office of the President……

    • It was not the state that kept on bringing up preliminary nonsense for 14 days. It was UPND’s lawyers that should have had everything ready at the very least in the first 7 days.

  23. Iwe Robmwale, if the losing candidates in Kenya and in Zimbabwe “did it why can’t we did it” in Zambia??? And, as someone has said, show us the evidence.

  24. 14 days. They could file their paperwork in 14 days. UPND lawyers will be getting rich off of HH and GBM way past 2021.

  25. To Jay Gay for attention of trib.al Hacks and GBV:

    6 April 2016: “Opposition leader Hakainde Hichilema says the UPND will block Dubai firm, Alghuraair Printing and Publishing Plc of the United Arab Emirates from printing ballot papers for the August elections.

    Mr Hichilema accused President Edgar Lungu of awarding the tender to print ballot papers to his friends in Dubai in order to steal the vote”.

    Please Jay Gay, remind trib.al Hacks that he forgot to present this critical piece of “evidence” to the Concourt during his petition case. It would have made a huge difference and by now he would have been President of Zambia, His Excellency Trib.al Hacks for two years and one month.

  26. Bill of Rights: “Every Zambian citizen is entitled to become President of Zambia”.
    However, this is subject to the provisions of the Constitution which sets out how the President shall be elected from among 14million Zambians Otherwise all of us 14million citizens would each have declared ourselves President. By the way this number includes babies, children, prisoners, convicted murderers and robbers, and of course trib.alists.

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