Lawyer for United Party for National Development (UPND) Mulambo Haimbe and Petitioners against Lungu grew cold feet to proceed with the case in which the Petitioners were seeking to block President Lungu from contesting the 2021 elections.
Mr Haimbe abandoned his clients, Joseph Busenga, a member of UPND and Bampi Kapalasa, Katuba Member of Parliament, on Monday afternoon have petitioned the Constitutional Court on President Lungu’s Eligibility.
The Court refused to discontinue the matter even after the Petitioners grew cold feet to proceed with the matter.
The Petitioners, without giving any plausible reason applied through their lawyer to discontinue the case in which they seek the interpretation of whether President Edgar Lungu is eligible to stand but the Attorney General objected to the request to discontinue without the court pronouncing itself on the matter which the Court had earlier decided in the Dan Pule case.
Attorney General Likando Kalaluka, Solicitor General Abraham Mwanza and Principal State Advocate Francis Mwale took turn to object the oral request to discontinue the matter stating that the matter was one of public interest which cannot be ended by a discontinuation.
The trio cited the fact that this matter has raised unnecessary public debate despite the Court having fully pronounced itself on the matter on Article 106 clauses 1, 3 and 6.
The Attorney General said it was in the interest of justice for the court to make itself more clear that it has already decided matters associated with Article 106 which paved the way for President Lungu to contest the 2021 elections.
Upon the ruling of the Court not to entertain the application to discontinue the matter but proceed to hear the Preliminary Issue raised by the Attorney General, the UPND lawyer grew cold feet and applied to be excused from representing the two UPND applicants.
The Court then excused Mr Haimbe and adjourned the matter to Wednesday to allow the applicants to retain another lawyer.
Mr Haimbe is one of the lawyers who had also abandoned Mr Hakainde Hichilema during the Presidential Petition.
State Counsel Sangwa ati shani apa? When are you commencing your case on this matter?
more popcorn please
HAHAHAHAHAHAHA let their fellow tonga diasporan tarino and akaps represent them. They claim to be learned diasporans who have knowledge of everything. F00ls
Haimbe knows the consequences. The whole exercise is just theatrics to excite upnd supporters.
John Sangwa an opportunity has arisen here please start from here then proceed when President Lungu files in his nomination.Show is your balls
They want to discontinue the case so that they leave it to Sangwa to start a new case to avoid duplicity of cases
This was a tactic to let the matter not be decided again to allow Sangwa to have his field day in court. It has backfired
This was a tactic to let the matter not be decided again to allow Sangwa to have his field day in court. It has backfired big time. PF seem seem to be ahead
Is there a law which empowers Concourt to proceed with this Case if the Applicant wants the Case withdrawan 4 whatever reason?The Lawyer could not proceed with the Case against his Client’s instructions so he had no choice but to renounce Agency. After ECL is Nominated as a Presidential Candidate and Nominations are closed Citizens are free to Petition ECL’s Eligibility in terms of Article 52 of the Republican Constitution. At that time ECL will have to argue why he thinks he qualifies for a Third Term having held Office twice, elected and sworn in twice in 2015 and 2016. ECL’s personal lawyers will represent him and not AG and Solicitor General who are Public Servants and funded by Taxpayer’s Money.
Time to show up ….We need Mr. Sangwa, Mr.Fube, Mr. Chipenzi, Mrs Linda Kasonde, law association to join this case and “defend” the constitution. You have been singing about this…..Please come to the aid of Zambians if you have solid grounds to stop Mr. Lungu. The HOUR HAS COME to settle the case once and for all. If not then say so ….we proceed with peaceful elections.
Laughable. My only concern is that these important Constitutional matter are being presided over without the involvement of the Head of the Judiciary (the Chief Justice). This is how flawed the PF 2016 Constitution is. How can her juniors be in charge of such a case. So the CJ has been relegated to hearing appeal criminal and civil cases? The CJ and the Deputy are supposed to be on that panel
What happens if the Applicants fail to find a Lawyer by tumoro? Can Concourt proceed with this Case without Applicants being legally represented? The Applicants should continue looking for a Lawyer to represent them. Even if the Applicants found a Lawyer the New Lawyer will require a week to study the Documents. Concourt should just wait and deal with the Case after ECL is officially Nominated.
Why is HH scared of Lungu? or him hang gloves than use lawyers
#3 you are such a tribalist; it is just that, if you are truly from Eastern Province I can’t disown you because I am also from there.
Please stop it! How do we show our children and grand children how to live if we are divisive in our minds and language?
Surely the Applicants have a Right to withdraw their Petition if they so wish?Why should the AG and SG force the Applicant’s Lawyer to argue those Preliminary issues?The AG and SG say the Case is urgent and of Public Interest. If that is so why didn’t they bring it up earlier themselves ? The AG and SG are Civil Servants who are paid from Taxpayer’s Money so they have no business representing ECL in his Personal Capacity. Let him hire his own lawyers to argue in Concourt that he has not held Office twice ,been elected and sworn in twice in 2015 and 2016. The AG and SG are not Lungu’s Personal Lawyers so they must not involve themselves in ECL’s Eligibility Case.
#10Â Â AkakulubelwaÂ
May 4, 2021 At 10:39 am
“..Why is HH scared of Lungu? or him hang gloves than use lawyers….”
It’s not HH against lungu , but HH against the police, zambia army , judiciary, PF , Bank of zambia……..infact the whole GRZ……..
So any means possible is allowed….
The corrupt fraud convict moron lawyer Lungu and his gang know , jail and poverty awaits them at change of GRZ.
Zambians will strip them of their ill gotten wealth……no matter where you hide your stolen money , dubai, SA, UK or USA , we will get international financial bounty hunters on you.
Some of them think hiding stolen money behind making homo leather bags in dubai will save them ????
We will see…….
Why was AG and SG introducing Preliminary issues in a Petition for the interpretation of Article 106 (3). The Article is very clear: “A person who has held Office twice is not eligible for Election as President”. Just define what this means. The AG and SG wanted to use similar tactics they used to have the 2016 Presidential Petition illegally and unconstitutionally dismissed.
Its good that the Petitioners and the Lawyer saw thru this tactic. The AG and SG are not Personal Lawyers of ECL and must stay out of Lungu’s Eligibility Case. Let this matter be heard after ECL has officially been nominated and Petitions are filed at Concourt in terms of Article 52 of the Republican Constitution.
Ba Under 5 will still be talking about Sangwa even after ECL has been sworn in. Learn the failed 2016 petition lmweee!
Looks like Sangwa has been dribbled. The Con-Court will proceed to decide this matter without hearing from him or any other serious arguments.
The 2 guys who raised the question of interpretation of Article 106 clause 1, 3 and 6 did not do their homework properly. The petitioners should have included Article 35 of 1996 constitution. Both articles apply to eligibility of our current president. That’s why, maybe the reason the lawyer has chickened out.
Both the Petitioners and the Lawyer applied to withdraw the Application. What law is Concourt using to refuse the Applicants to withdraw their Petition? If the Petitioners don’t want to proceed with their Case why should Concourt force the Applicants to find another Lawyer? If the Applicants fail to find a Lawyer then the matter should fall away. After ECL is Nominated a Presidential Candidate and Nominations are closed Citizens are free to Petition Lungu’s Eligibility at Concourt in terms of Article 52 of the Republican Constitution. That is the legal and Constitutional Procedure. Period.
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An application is only an application…the court hears your application then rules on the application after hearing both sides these are not ex-party proceedings but inter-party as every good lawyer will know and understand basic procedure….
I don’t understand why anybody, UPND or any other party, don’t want to run against Lungu. He is now the most unpopular president ever, so it surely is the easiest to beat HIM than anybody else
I mwe tata muli Chipuba. You enjoy being in the UK and pretending that all is sweet in Zambia. If what you say is sweet why not come home in Zambia.
Both Petitioners and their Lawyer have realised that it is better to Petition Lungu’s Eligibility after he has filed his Nomination Papers on 17th May 2021. Why is Concourt forcing them to continue with the Petition when they don’t want to? Surely the Petitioners have a Right to withdraw their Petition if they want to? Why should the Lawyer and his Clients be forced to consider treacherous Preliminary issues raised by the AG and SG? We shall see how Concourt will proceed with the Case in the absence of Petitioners and the Lawyer. After ECL is Nominated and the Nominations are closed brave Zambians will Petition Lungu’s Eligibility at Concourt in accordance with Article 52 of the Republican Constitution.
Clever lawyer who has seen it as a time waster.some of these cases we even know
The outcome but we go ahead and waste
Time and money.Lawyer should have advised
Client before the case.let him be sued for
Abandoning client at the last minute.
The petitioner has the right to discontinue a case. What will the court do if on Wednesday the petitioners show up and say they don’t have money to hire a lawyer?
Will the court forcibly bring back Haimbe? Some of these things are confusing. Yes there is public interest in the matter, but you cannot continue the case that way. And there is no way this matter could have been concluded before 9th May when the ECZ nomination must be paid.
With a pending case to determine Eligibility, ECL nomination challenge becomes more valid.
The lawyer turned out to be the wise man! He preferred to back out instead of being humiliated. The petition doesn’t hold any substance and it is bound to be dismissed. Hope the UPND f00ls realise their mistake.
This is the classical example that money can buy the dull cadres but not the intelligent people and their conscious. Now I am sure that no lawyer will represent UPND in the matter.
Has anyone noticed that though the headline says, lawyer abandoned the clients, the story says that he was instructed to withdraw the petition! That means the UPND leaders who are the petitioner, who developed cold feet!
This is lame effort to undermine the blunder by UPND. Instead of this sermon, you should ask your party and your master to introspect. Instead of wasting time in such f00lish acts, UOND should star preparing for 2036.
It is good that the Court is willing to continue the hearing. It will decide the matter once and for all. And this time, it will be clinching verdict, though the repetition of the previous one.
This is what happens when you impose your opinion on others, despite knowing that it is going to fall flat. At the end of the day UPND will have an egg on face.
Dear HH, this won’t save you from going to jail. You have committed crime and will pay for that. The day is not far away. Just wait.
This is a lesson for UPND. It is not too late. Withdraw the petition and go home. You are not going to win, because the battle is already lost. No use trying to wreck it again.
The lawyer didn’t grow cold feet. He realised that he has no chance of winning. He took a wise decision to save his career rather than to go down with mindless people at UPND.
No matter how you try to hide your failure, it will be exposed from all sides.
This is the reason I state Zambia has a useless opposition. If it’s not UPND being manifesto deficient, it’s NDC’s Kambwili joining their party, becoming their president, then abandoning them.
Wait for Sangwa – this won’t won’t be child’s play. The simple fact is that Sangwa’s arguments are clear and simple but the fact that we are debating this is what is sad. Someone here has to be magnanimous and simply accept that they will not take the country through this. Dark time for Zambia.
We are just about to see Kangaroo Justice by Concourt. Petitioners and their Lawyer are being denied their Rights to withdraw their Application. This can only happen in a Banana Republic where Constitutionalism, Rule of Law, Good Governance and respect for Human Rights no longer exist. Can such a State Captured Concourt deliver Justice to Zambians? We doubt it!
Just watch the comedy of how ConCourt will use this case to impose Lungu on Zambians without any shame.
This was a planted trojan ‘bot’ to be used so that any other serious case that comes they will use this as an excuse to argue that they have already on the matter or that they can’t hear any duplicate cases on the same matter.
First the idea to refuse an applicant to discontinue their own case is dubious. 2nd the so called AG citing Dan Pule case is misleading, because the court then ruled that they can’t preempt and prejudice against Lungu because he was not a candidate then in the 2021 elections. They did not say Lungu was eligible to stand as a candidate in the 2021 elections.
So the Supreme Court of Zambia has now been rendered useless by this ConCourt of Lungu with planted…
So the Supreme Court of Zambia has now been rendered useless by this ConCourt of Lungu with planted stooges to do his bidding… shame!
The same way people are free to petition Edgar Lungu’s candidature is exactly how any citizen can stop Hakainde Hichilema from appearing on the ballot. At that time either UPND or PF would be looking for replacements. What is good for the gander is also good for the goose.
The Constitution of Zambia is not up-to-date and seems it was drafted with personal inclinations such that amendments that follow also respond to who the initiator is and the agenda accompanying the desired changes to articles! The Zambian Constitution will be contentious for many years to come foras long as the polarization that has taken root in the land persists! To the person in the street “sworn in twice” means just that! One stood before the Chief Justice holding Bible in hand two times and was administered oath of office, finish, chapwa, kwasila! Nothing like read with article that of year that! If then that is the case and language which only a few privileged ones want to claim as a peoples language then the constitution is not for the people it is meant to serve! Simple…
An application has a possibility of being granted or rejected. This is why the lawyers applied for discontinuation of the case, otherwise they would have decided and just informed the court that they were not proceeding.
The message has backfired. Dr. Ruwe thought he will be lauded with praises for supporting an incoming president by riding on the Tonga theme. Alas, he just penned down pretentious crap. It time for a Tonga to rule. Better say, it is time for a new national president for all with fresh ideas.
Some questions are: Did he mean what he wrote? Have we misunderstood him? Does he just want to make himself relevant? Has it occurred to him that he has misfired big time? Are there any meaningful articles to come from him yet or this was his best shot? Is he aware that he has failed at responsible writing by fueling the dying embers of tribalism? Tribalism at political level is more strife than it is at social. Field Ruwe must not fight political battles meant for HH. Politicians can defect while an intellectual simply becomes a dunce.
I am very concerned that people on this forum who have been telling us about 3rd term have found a reason to support the withdraw of the case now turned on the concourt instead of questioning why these people wanted to withdraw the case. Time and again points have been presented here on why president Lungu should not contest the 2021 elections. Is it difficulty to present those issues before the court? Let them present those same arguments we have been seeing here before the courts. Mr Sangwa etal this is your opportunity to provide free legal services to this man Mr Haimbe has run away from so that you to demonstrate to Zambians that you know what you have been talking about. I am sure Mr Haimbe has learnt that law is applied prospectively and not retrospectively. I am not a lawyer but…
@AK the reasons for discontinuation are clear. This Application was for interpretation and yet the AG and SG wanted to discuss the substantive issues which should only be discussed in a Petition filed after ECL has been Nominated. After Nominations are closed and ECL is Nominated as a Presidential Candidate Citizens will be free to Petition that Nomination. ECL as a Person will be b4 Concourt to prove that he hasn’t held Office twice,hasn’t been elected and sworn in twice in 2015 and 2016. AG and SG will have nothing to do with that ECL Eligibility Petition. ECL will hire his own Personal Lawyers to defend his candidature in the 2021 Elections. Bring it on.
The two Applicants should go to Concourt today and tell them that they have found a Lawyer but they are still mobilising funds to pay him. The Applicants will ask for more time to raise the required money.The new Lawyer has set conditions that he needs a week to study the Case. What will Concourt do? Concourt can’t force the Applicants to proceed with the Case without Legal Representation. Concourt cannot force Mr Haimbe to come back to resume representing the two Applicants. What laws is Concourt using to reject the discontinuation of this Case?
You shall know the trueth ….