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

The Constitutional Court has thrown out an appeal in which UPND leader Hakainde Hichilema and his Vice Geoffrey Mwamba had asked the court to hear their application, challenging the swearing of President Edgar Lungu into office after the 2016 General elections.

This was in a matter in which Mr. Hichilema cited president Edgar Lungu, Vice president Inonge Wina and Attorney General Likando Kalaluka as respondents in the case.

They petitioned before a single judge who later struck out the petition on account that it was an abuse of court process but dissatisfied with the decision of the single judge, the UPND leaders appealed to the full bench of the court.

Attorney General Likando Kalaluka had asked the court to throw out the appeal because it was filed out of time and without leave from the court adding that the petition was heard and determined by a single judge and therefore there was no need for the constitutional court to review its own decision.

But in argument, the UPND Leaders asked the courts to dismiss Mr. Kalaluka’s application and hear their appeal without undue regard to procedure technicalities.

Delivering the ruling on behalf of Constitutional Court judge Martin Musaluke, Master of the Supreme Court, Anastasia Lungu set aside the UPND leaders summons on appeal for being incompetent.

The court found that the petitioners should have applied for leave to file an appeal out of time.

Judge Musaluke said the petitioners fell in their own trap when they failed to comply with court rules.

He said the court was not clothed with jurisdiction to hear the petitioners summons on appeal because they did not follow the rules.

Meanwhile the Lusaka High Court has thrown out the matter where Mr. Hichilema and Mr. Mwamba sought determination on their rights to be heard following the collapse of the 2016 Presidential Petition.

Judge Mwila Chitabo has held that the High court has no jurisdiction on Presidential Petition matters.

Mr. Hichilema and Mr. Mwamba had challenged the 2016 Elections results in the Constitutional Court.

But their petition was dismissed on September 05, 2016.

The Court dismissed the petition on grounds that the time limit within which it was supposed to be heard had lapsed.

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53 COMMENTS

  1. Finally all cases thrown out. We can now start a fresh page going forward. Looks like the secret meeting last week was fruitful.

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    • Better to THROW OUT ConCourt. They have been getting salaries for just one case from 2016.
      So now since they don’t have anymore cases to handle, why not close down that court? The judges can get jobs as lecturers, where they can atleast be paid to read what students write.

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    • Laura Miti was right that Andyford Banda was in a better position than UPND. She said although HH was a good person, UPND is not in a position to act as Opposition Party.

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    • Chase game continues…..looks like Lungu is working overtime trying to dish out thick brown envelopes…..now HH seem to have fallen for the brown envelope and he cares less about the outcome of Concourt….His money has dwindled and now he has one leg in UPND and one leg in PF……what good comes out of late night secret meetings

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    • Animo Farm is CHILDISH. No wonder he is not fit to be a President. He can only lead a tribal grouping that masquerades as Party.

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    • Looks like HH went to discuss the outcome of Concourt and he made a deal with Lungu….Politician is a very bad person….I have a feeling Mutinta is busy advising HH to try join PF if he wants to have a chance of being elected and Lungu will play a big role

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    • Politicians all over the world speak the same Language and their language is LIES AND MONEY….HH has been bought….looks like the Chinese government in involved…they’ve silenced him remember he wrote a letter to the Chinese Govt a few months ago and now he is dinning with Lungu late at night….The Chinese are now calling the shots….Chinese are big mafioso….Constantino Chibengwa was in China a month before overthrowing Mugabe…..HH was simply told to sit down and money will be flowing into his account

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    • Sharon,Jay Jay, Spaka,Kudos you busy insulting each other online but look at how Politicians are looking out for each other….you all have seen how beautiful RUPIAH BANDA ‘s house is….and you Sharon where is your house or did Lungu also promise you one?…nope…Spaka where is your mansion….did HH promise you one? nope
      So stop insulting each for nothing wasting your precious time online for nada

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    • THE GAME WAS OVER THE VERY DAY THE 7 OR 14 DAYS ULTIMATUM ELAPSED. COURT, NEXT TIME THROW OUT SOME OF THIS CASES WITH COSTS.
      ===========================
      If the rejectaments are not happy, let them try the ICC again.
      Folks, let’s roll.

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    • These are the same judges hh called useless and corrupt, now he wants them to rule in his favour. Really? What goes round come around. Ba hh take it easy no kusabaila. You call these judges names forgetting these are the same judges to run to. I hope you’re learning something.

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    • Someone with brains just do a small research. Our courts have not in a 1000 political cases ruled against the ruling party or government. What does that tell you? Judges are scared of the appointing authority and that means justice will not be carried out each time anyone is challenging political authority.

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  2. The person Zambians cannot TRUST now is Hakainde Hichilema. No one will be surprised to hear that he has join PF. Why would someone decide to reconcile at this time with the ruling Party when everything is going wrong in the country. UPND Members should wake up before it’s too late. Something is going on between HH and Lungu.

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  3. HH has failed to be an Opposition Leader. The country should find someone they can call Leader of the biggest Opposition Party.

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  4. Forget about any case involving lungu using the Zambian judiciary, it is rotten and corrupt to the core….

    You already know the outcome.

    Only trials against anti corruption activists are these courts used for….

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    • The judiciary is not rotten. The problem is that your tribal leader has been taking rotten cases to the judiciary.

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    • The executives in Anglo American are also believed to have been involved in the so-called “Brenthurst Conspiracy,” when Hichilema and Nevers Mumba were flown to South Africa to meet with the ultra-wealthy Oppenheimer family in order to plan a takeover of the government from abroad with the goal of reducing mining royalties for foreign companies. Just today, Hichilema gave an interview where he said that if elected he would reverse the mining tax – which must have been music to the ears of his financial sponsors in Anglo American. They even consulted lawyer Bradford Machila, who had previously worked closely with Hichilema during the botched privatisation of RAMCOZ mine. As the chief legal advisor to Nevers Mumba, Machila is the one who masterminded the Supreme Court fiasco the essentially…

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    • Spaka
      Sometimes try, just try to think with your head and not through the lenses of your party.
      Ask yourself relevant questions before playing the blame game. Why did your leaders file an appeal out of time? Better still why didn’t they apply for leave to file that appeal out of time?? These are basic rules of the court. Without doing all that, you still want your appeal to succeed, really how? When its thrown out, you blame everyone else except your leaders and their legal team!

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  5. AT BOTH HIGH COURT AND CONCOURT, HH WANTED THE COURT PROCEDURES TO BE IGNORED SO THAT HE IS HEARD AT ALL COSTS…..KIKIKIKIKI

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    • Zambians heard him at the ballot but as CHILDISH as he is with his worshippers, he has been clueless. He was looking for another forum to be heard.

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  6. How nice it’s to be a lawyer in Zambia. The guys know that the petition had failed so the swearing in had to go ahead. But because of the whiff of the money the lawyer won’t advise the client that the exercise is futile if not unreal.

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  7. “Delivering the ruling on behalf of Constitutional Court judge Martin Musaluke, Master of the Supreme Court, Anastasia Lungu set aside the UPND leaders summons on appeal for being incompetent.”

    After dragging the Zambian courts into the mud, and insulting their intelligence, the gave us a fair judgement, with sound words. Not insults GBM and Kambwili have forced Zambians to face.

    Kikikikiki the courts even threw in an insult.

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  8. UPND must go all the way to the Supreme Court.We have started identifying the corrupt judges and courts.After 2021 they will be removed.The ConCourt will 110% be dissolved and will just be remembered as Lungu’s kangaroo court.
    Cifire should not worry HH ,Kambwili or Kalaba will pardon him.Other PF thugs will take his place after 2021.

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    • ONLY UP TO 2021 BA SHARON.
      AFTER THAT THE CONCOURT WILL CEASE TO EXIST.ALL ITS DECISIONS WILL BE REVIEWED BY A NEW SUPREME COURT WHICH HANDLE CONSTITUTIONAL MATTERS.
      WE WILL NOT ALLOW NONSENSE TO BE LEGAL PRECEDENT.

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    • Even all the way the ICC if you care that much.
      Meanwhile, we await the Dec 7 ruling by the Concourt.

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    • Concourt is a product of the new constitution. This tells us how dull you are. Anyway what can we expect from under5s apart from useless comments.
      Under5 HH hired the same lawyers that abandoned him at the last hour and expected a different outcome. Those vultures of lawyers knows that you are fighting in vain but they will never advise you because its easy money for them.

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  9. Concourt can never rule against the PF. Just look at all the cases from the time they were formed. Even the eligibility case result is already known.

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    • THE ISSUE IS NOT WHETHER CONCOURT CAN RULE IN FAVOUR OR AGAINST THE PF, RATHER IT IS WHETHER THE CASES BROUGHT BEFORE IT ARE VALID OR NOT. IF YOU CONTINUE BRINGING FALSEHOODS AGAINST THE PF BEFORE THE CONCOURT, WHAT DO YOU EXPECT THE CONCOURT TO DO? TO BE BALANCED OR TO STICK TO THE DICTATES OF JUSTICE?

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  10. HH has come back to his senses otherwise jail was very near, the only sad part its upnd cadres who feeds on lies and hatred be prepared no more money from hh for such because the man hes slowly repenting brace yourselves for tough times ,hh love money and he can easily bought with feel silver coins

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  11. Can there be a lower level of stup.iodity than where trib.al Hacks has lowered himself to in the last two years?

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  12. Just observed that Kambwili needs to shed of that neck and share it with GBM. It’s not the GBM that I have known for years.

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  13. Since all is over now, we look forward to 2021. Please I will love to see that no one takes any case to the so called Con-court because nothing comes out in accordance to Justice. It all pleads with bleeding if they can even support ministers and others to use government resources while campaigning and say its fine and right. Ministers were asked to pay back for using government machinery when the term of office elapsed but upto now no one has paid back and has been nullified.

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  14. What people don’t know is that HH is under intense pressure from his sponsors so he has to appear like he’s ” doing something ” about it. Next stop will be the SADC court of appeals. OO of Kenya has put everything behind because he wasn’t sponsored by foreign agents.

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  15. These judges are just finishing their careers, l hope the young ones coming up will be ready because these concourt judges are gone. Their quest to please their master will soon be their demise. They don’t know that there are former presidents and the one they are serving now will someday be a former devoid of any authority

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  16. Us Tongas are ready to be ruled by HH at the moment because we are tired of your hate language towards Tongas..if we not important to you we don’t Care becouse we are important in the site of God moreover we are hard working. So go and crucify your self as Judas Iscariot after regretting of all that he had done before the son of God the almighty. Tongas will remain strong.Thanks. w

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  17. When I said let’s not waste time and money I was called janjaweed today you swallow your vomit. In our current form we cannot defeat ECL let alone narep or panu we are in the wilderness like mmd and unip 2021 more funerals

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