HH and GBM being Interviewed after the Diologue Meeting
FILE: HH and GBM being Interviewed after the Dialogue Meeting

THE Constitutional Court has warned that it will throw out the petition where UPND president Hakainde Hichilema and his former running mate, Geoffrey Mwamba, want the court to declare that the Speaker of the National Assembly should have assumed powers of the President when the election petition was in court.

Justice Palan Mulonda said the matter will be dismissed if the parties in the matter will fail to comply with the orders for directions.

He said this when the matter came up for status conference in the Constitutional Court last week.

This is in a matter where Mr Hichilema and Mr Mwamba petitioned the court in August 2016 after the presidential election seeking an order directed at the Speaker of the National Assembly to assume executive powers until determination of the presidential petition.

They also wanted the court to prohibit President Edgar Lungu from performing the executive functions. The petitioners sued President Lungu and the Attorney General.

When the matter came up last week, however, lawyer representing the UPND leader, Jeffrey Chimankata, said his clients where serious about prosecution of the matter but that they wanted to amend their request in the petition.

“At the last sitting, he had indicated to the court that the petitioners are desirous of amending the petition. However, after further deliberations our instructions are that we should continue with the way things are on record as it is now a question of interpretation, stated Mr Chimankata.

“We will rely on the skeleton arguments filed on August 31 2016 save for an amendment to the prayer that was there. Otherwise, the petitioners are serious with prosecuting this matter and would like to see it concluded,” Mr Chimankata said.

Meanwhile, counsel from the Attorney General’s Chambers, Francis Mwale, said he will wait for the amendment to the petitioner’s prayer so that they could respond.

Justice Mulonda however, said he was granting the last status conference and ordered parties to file the necessary documents as agreed by July 9 this year or he would dismiss the matter for want of prosecution.

“Having heard from the petitioner that they are serious with their intention to prosecute this matter, my court will take it that these agreed upon dates will be observed, failure to which this matter will be dismissed for want of prosecution,” Justice Mulonda said.

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29 COMMENTS

  1. A Zambian judicial system corrupted to the core…..sad considering the president is supposed to be a lawyer…..only when you realise how corrupt the so called president is in his previous life that you accept this corrupt judiciary as inevitable

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    • What has this got to do with the Judicial system? What I see is petitioners not being ready, even after 3 years shuwa? And they were crying for the right to be heard? Upto now we would have had no President…!
      They need better prepared Lawyers, otherwise this is just sustaining an income when you know your client has no case.

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    • The judiciary is innocent in this matter, blame your Hakainde. Very soon he will have two petitions in his hands, 2016 and 2021.

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    • This is unbelievable inertia and negligence of duty by the constitutional court of Zambia. This case is 3 years and not yet concluded, how on earth do you think they would resolve an election petition in 14 days. This is a farce, perhaps Zambia should do away with this incompetent court.

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  2. OH…OK. HH AND GBM ARE BACK IN COURT WITH THEIR PRESIDENTIAL PETITION. WHAT HAPPENED TO GOING TO THE ICC AND ICJ. HA HA HA….. MCS WAS NOT WRONG WHEN HE DESCRIBED THIS ONE AS “UNDER FIVE”.
    THE DRAMA WILL BE WORSE IN 2021.

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  3. HH is just wasting time and money on Lawyers. Elections are won in the ballot not courts.
    When will he grow up? His MPs are equally jokers. Instead of proposing amendments to the constitution to clarify things they seem to be lost in the house.
    Asking the Veep about a pothole in your constituency in the house instead of discussing with the responsible Minister and staff in their offices is equally time wasting. Kaya!

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  4. HH is very + Intelligent. But not + Smart.

    What next for HH on this court case and his lawyers who are now in a habit of just chewing his money. Always misleading him.

    I recall the day that he officially announced that GBM was to be his running mate. We stated and analysed that he had made the biggest mistake in his political life, as the marriage with GBM would end in bad taste. I was called dispicable names on Lusakatimes.

    Here we are today. I wonder what GBM will say about this.

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    • All he needed was an intelligent out-spoken female Bemba running mate to win. But he chose a vulgar GBV-accused as a running mate. He could easily have picked Mutale Nalumango as running mate since he wanted Bemba votes. He could also have competed with those that voted for Lungu just because he had a female running mate. Ba HH doesnt liste. He is too much of a boss. He has also failed to put in place measures for safe-guarding the UPND vote. Mwaliteta is not enough.

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  5. This is how bad our judicial system is, don’t worry Chama Lungu is busy stealing and he won’t stop until he is prosecuted. 2021 will be worse for PF, if you’re a child then you don’t know the history of ruling parties in Zambia. They all get worse instead of better with time and people will be forced to change them. The jarebos are right now protesting and these are staunch PF cadres, now imagine if they are feeling the economic bite what more of the poor forgotten villagers starving to death with lungu’s regalia on their bodies. The lady who was busy defending Lungu is in debt as we speak. PF is going to be shocked in 2021 with their arrogance and corruption.

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    • There we go again. Do you understand English?

      When the matter came up last week, however, lawyer representing the UPND leader, Jeffrey Chimankata, said his clients where serious about prosecution of the matter but that they wanted to amend their request in the petition.

      “Having heard from the petitioner that they are serious with their intention to prosecute this matter, my court will take it that these agreed upon dates will be observed, failure to which this matter will be dismissed for want of prosecution,” Justice Mulonda said.

      Like the 7 days ultimatum in 2016. The double h camp does not know what to do with the petition. Because of their ill filled hearts, filed in incomplete, unnecessary and emotionally packed preliminary issues. Now it’s…

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    • …amending their request. Please dismiss that matter with costs. A time waster, that’s all he is. He is been kicked in reverse.
      Yangu, he is now left alone and lonely in his fight for the impossible.

      Enough rope to hung your self. Read this:

      Justice Mulonda however, said he was granting the last status conference and ordered parties to file the necessary documents as agreed by July 9 this year or he would dismiss the matter for want of prosecution.

      And you want to discredit the Judiciary. Hummmmmh, nimashabe malume? Do you understand judicial terms and procedures.

      Let him be preparing for the 2021 petition.

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  6. The Case has been revisited becoz GBM is now a Hostile Petetioner and a Sell Out.They want to use GBM as a PF Cadre to kill the Petition. Concourt sat on this Petition for the last 3 years and want to use a Hostile GBM to have the Case dismissed. A State Captured Concourt will Never deliver Justice. They now want to settle scores between HH and GBM. This is a Kangaroo Court which has no National Interests at Heart. GBM has been paid by PF to kill this Petition and save ECL. We can all see the tricks.

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  7. Foolishness of courts of Zambia wen the guys wanted to know the truth never allowed them, now that one guy has left to join the pf courts now start to talk

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  8. it is a legal battle which the courts will decide. For once let us respect the courts, litigants and their lawyers. No need to look at every issue in a political sense.
    The beauty of loving Jesus is that you are not emotional with all issues…..

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  9. HH AND ANY OPPOSITION MEMBER SHOULD NOT WASTE THEIR TIME WITH THIS KANGAROO COURT.
    KAMBWILI GUESSED IT RIGHT WHEN HE WITHDRAW HIS MATTER FROM THE CONCOURT.
    DO NOT GIVE THAT USELESS AND INCONSISTENT COURT ANY LEGITIMACY BY APPEARING BEFORE IT

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  10. LAZ should take interest in this matter because it hinges on the Interpretation of the Constitution. it’s not for Hichilema and Great Bag of Mealie meal.

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  11. HOW CAN A COURT TAKE 2 YEARS ON THIS CASE ———————– THEY TAKE 2 YEARS SO THEY CAN THROW IT OUT OF COURT !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! IF ANOTHER PARTY ( NOT MENTIONING NAMES) HAD THIS CASE IT WOULD BE HEARD IMMEDIATELY —– THESE PEOPLE ARE IN THE POCKETS OF THOSE WHO RULE

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  12. Now that GBM has sold out and re-joined the PF is he not withdrawing the Petition? Surely he wants to endear himself to ECL so that he can enjoy the PF Gravy Train. GBM has no Principles and wants to benefit from “kasaka kandalama”. We are now going to the True Colours of the unprincipled GBM. HH should just insist that the Case should be heard for prosperity.

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  13. Why are people insulting the court, useless UPND Lawyers were busy filing non winnable petitions and complaints. Given 14 days, the decided to avoid the big issue they wanted heard, but chose the mediocre ones. The lawyers knew the case would drag on for years and they would get rich. Here we are now, three years later and they are still getting paid. With GBM being PF again, they are about to get richer.

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  14. Apparently, UPND’s legal brains – Prof. Hansungule and Prof. Ndulo – are not helping HH to prosecute his petition in Courts of Law. Since HH ditched GBM in preference for Kambwili in the middle of the Pacific Ocean, it will be interesting how HH will swim to safety carrying the overload of Kambwili weight on his shoulders.

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  15. Hey we go again. UPND need hardcore lawyers vested in court that have argued cases before the high court or supreme court, and not the two foolish academic lawyers on paper in Hansungule and Ndulo. Please, I beg them to get on board this case pro bono and show us their academic genius in law.

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