The Constitutional Court has rejected John Sangwa’s bid to discontinue a matter in which the Legal Resources Foundation Limited sued President Edgar Chagwa Lungu claiming that his nomination papers filed with the Electoral Commission of Zambia to run for President be invalidated.
Sangwa, had on Monday this week filed a Notice to wholly discontinue the Petition. This was after an identical Petition involving Dr. Sishuwa Sishuwa and Linda Kasonde’s Chapter One Foundation Limited as Petitioners had been filed into Court on Friday last week.
When the matter came up this morning before Constitutional Court Judge M. S. Mulenga, the Court noted that the Notice of Discontinuance had cited a wrong provision of the law and rejected to accept it. The Notice relied on the Rules of the Supreme Court of England instead of the Constitutional Court Rules of Zambia.
The Court went further to consolidate the two Petitions into one cause. At the same hearing, an application by the Attorney General to join the matter as second Respondent was heard and granted.
The Legal Resources Foundation becomes the First Petitioner, Dr. Sishuwa Sishuwa is now the Second Petitioner, Chapter One Foundation is the Third Petitioner while the Attorney General is now the Second Respondent.
The Respondents have been given upto Monday, 31st May, 2021 to file their responses and the matter will be heard by the full Court on either 8th or 9th June, 2021.
USELESS
Edgar Lungu has launched his campaign today and he must wait until the petition is heard
Otherwise must cited for contempt of court.
Edgar Lungu walala, walala!
PF must go!
Madilu system, you are very dull .Have respect
We have always said that UPND and their surrogate lawyers are foreign sponsored. For how does John Sangwa cite the rules of the supreme court of Zambia and not those of the Zambian constitutional court in withdrawing his case? Does he think because the Zambian legal system is based on common law, then he has to disregard our own rules?
It’s now done and dusted
“ The Notice relied on the Rules of the Supreme Court of England instead of the Constitutional Court Rules of Zambia.” This case was becoming very interesting, then mr Sangwa had to go and cite a colonizing court. As bad as this maybe, this is what Zambia needed. People have learnt about the third branch of the Zambian government. The judiciary.
Pray for calm and peace during the next two weeks or so as the concourt considers the petitions. We are one Zambia One nation one people
When President Mwanawasa took over after 2001, one of the first people to held accountable for his past misdeeds was the Chief Justice Mathew Ngulube.
So even the ConCourt Judges should not feel they are above the law.
Time to account for ones actions will come sooner or later
ITS NOT OVER TILL ITS OVER
Interesting. So ECL wants to argue that the 18 months he first served was not a Term. In terms of the 1996 Constitution what was it? So RB who served 34 months is not a Former President becoz he held Office for less than 3 years? Well then RB’s Pension Benefits must be withdrawn becoz he served for less than 3 years. So ECL n was not a President between 26th January 2016 and September 2016? Why did he dissolve himself and Parliament in 2016? Why didn’t ECL’s Term continue from 2015 to January 2020 i.e for 5 years? So ECL didn’t hold Office in 2015 and was not elected and sworn in for the first time in 2015? Since ECL only got 47% of the Vote instead of 50% + 1 Vote he didn’t win the 2015 Election? Let Concourt sort out this mess.
From what I am reading, the headline should have been “Court consolidates the two Petitions against Lungu into one cause”.
Academic exercise, the case was already decided
From what I am reading, the headline should have been “Court consolidates the two Petitions against Lungu into one cause”. not the long and winding “Court Rejects John Sangwa’s Bid To Discontinue Petition Against Edgar Changwa Lungu For Citing Wrong Provision Of The Law”
Its not over yet,John Sangwa has simply been ordered to retreat,rearm and redeploy to the war front anew.
I really don’t understand why Zambian courts refuse someone discontinue a court case they started… this is ridiculous. You should be allowed to discontinue your own case without giving any reason whatsoever. The State do it all the time with their Nolle Prosequi and the courts never deny the nolles.
And what’s up with a tax paid AG defending an individual in Edgar Lungu’s eligibility? Trump’s court cases were never brought up or defended by the US government… instead he used his own personal lawyers. This is abuse of power by both AG and Lungu… what a country this is!
The Court can not stop a plaintiff from withdrawing a case!! Either poor reporting or ConCourt has now descended into endless silliness!
Too early to conclude.wait till election time
As things turn round before election.Dont
Rush to think the outcome.
Rejected then consolidated. That reflects badly on both Sangwa and the Concourt — but more so the concourt. Without the filler between rejection and consolidation it looks like they just mashed the case together after muttering “It is not even a Zambian based appeal… mutter-mutter-mutter… OK we will mash it into one…”
@ Maiko Soko,
This is not about Lungu and Sangwa but about the Constitution which is the supreme law of the land and we cant apply cadre interpretations of the law because this is not street law. Its imperative that Edgar Lungu’s sympathisers understand that the Courts do not look at individuals (hence the saying Justice is blind).
This is true and one will look at it as though it is for two races when it is something that affects all of us. Let us not do game jogging but we have to look at it with a spectacle for tomorrow’s generation and have it that history was and present is what about the future?
No winner and no looser game but Nation of Zambia simply means citizens and its Constitution period.
Well let them pay all the money from their financiers, then reject their applications. The GRZ lawyers should be smilling all the way to the Bank. These guys have money to flash around so they will pay all the legal costs.
SC Sangwa’s Petition remains. I can’t wait to read Respondent 1 Opposing Affidavit. ECL wants to argue that in 2015 he didn’t hold Office even though he was elected and sworn in for his first Term in Office for 18 months in terms of the 1996 Constitution. The Period between 2015 and 2016 was under the 1996 Constitution. The 18 months Period was a full Term. When ECL stood as a PF Candidate in 2015 to finish Sata’s Term he must have known he was standing for a Term of 18 Months. In 2008 to 2011 RB stood for a Term of 34 Months. The 1996 Constitution did not have a qualification of 3 years (36 months) becoz there was no Running Mate Clause in that Constitution. That limitation came in in 2016 with the Amended Constitution. ECL is taking advantage of the 2016 Amended…
So sad for Ba Edgar and me. We wanted campaigns to be free and exciting. You can’t go on campaign podium with people tossing rotten eggs on you…
Imposing the AG’s Office as a Respondent is as good as forcing the Applicant to sue the AG’s Office. The AG will influence Concourt to declare ECL Eligible. We know thats the trick. Zambians will never get a favourable Judgment from this State Captured Concourt. The only way 4 Zambians to liberate themselves from this Lungu Concourt is to Vote out Lungu who is their Appointing Authority. The whole Judiciary in Zambia is now State Captured and Opposition Parties can forget about getting impartial Judgement from the State Captured Judiciary. On August 12 Zambians must vote for a New Govt if they want a change in their lives. Another 5 years with this Corrupt, Incompetence and Visionless ECL will be suicidal for Zambians. The writing is on the wall.
Face what you started. Be a man chlkamba iwe
John Sangwa wanted to escape paying the legal fees knowing too well he is losing the petition so only Linda Kasonde and Sishuwa Sishuwa pay up instead. Besides his other fees of K5m for earlier lost petition is due sooner than later.
In spite of being a petitioner, he chooses to be lawyer only. The court knows that and can’t allow it.
Some Lawyers…i have been telling you guys Sangwa is just wasting time and this will cost HH elections…..talk to me August 17th or 18th
He previously insulted and undressed the judges that they are unqualified. If Sangwa is qualified, how did he use a wrong provision of the constitution? He has failed to lift the bar. I pity Sangwa for lack of common sense. I have no faith in him, thus he is losing again.
Sangwa wanted to run away from further costs. The Court should ask him to pay costs instead of hiding behind Legal Resources which will run broke when this matter is finished. The lawyers should auction that new building for Simeza and Sangwa to pay for the costs
Sangwa wanted to run away from further costs. The Court should ask him to pay costs instead of hiding behind Legal Resources which will run broke when this matter is finished. The lawyers should auction that new building for Simeza and Sangwa to pay for the costs.
Hallucinating PF cadres, It is finnished for PF. Finito. There is no way out on this case, The world is watching……it is from this hearing that even the army will know that they need to coup Lungu shd he insist on imposing himself on the Zambian people. And besides, Lungu is the easiest President in Zambia. Really, is you ask, it doesnt take much. KK, Chiluba, were hard targets, Including Mwanawasa & Banda. But Lungu, nah, weak target. The captains to do the coup wont need Commandos, they can only use the Kanfinsa boys are enough. Or when they want to keep their hands clean, use the very same PF cadres-as their trust & loyalty is very cheap to buy.
And with the blink of an eye, it will be all over. and Zambia will become Zambia again.
And what it is now – “Chambya”. Mentioned in full as “Te Repuplic af Chambya”.
I listened to a Video in which ECL said his second Term of Office will end in 2021 . What has made ECL to change his mind and seek for the Third Term ? It’s often said “Power corrupts and absolute Power corrupts absolutely “. Tony Blair also said that it is very difficult to resist “the pull of Power”. That is what ECL is going thru. Following Sata’s death why did Zambia hold a Presidential By-Election in 2015? It is becoz the Amended Constitution of 1996 required it. ECL knew that Sata’s Term would end in September 2016 when Parliament is dissolved as the Presidential Term run concurrently with the life of Parliament. So ECL committed himself to a tell of 18 months. In 2008 following the death of Mwanawasa, RB also committed himself to a Term of 34 Months and 20 days…
Vote HLm you are a sick UPND member as well as a person full of hatred for Zambia. How can you wish Zambia to go through coupe!!!!!!!!! Did we refuse to vote for HH or ECL for you to wish for military intervention to change our government…. We removed UNIP with a vote and we removed MMD with a vote; furthermore colonial masters were voted out………..no guns!!!!!!!!!!!!!!!!!!! We can do it again without guns, if we want PF out!!!!!!!!!!!!!!!!
Concourt has admitted the AG’s Office as a Second Respondent for a reason. The AG has been enjoined to the Petition to help the First Respondent get away with a Third Term. The second Respondent is likely to argue that the issue of “A person who has held Office twice is not eligible for Election as President ” has been resolved by Concourt in the Danny Pule Case. Concourt knows that the AG is acting on Lungu’s instructions and for that reason will grant ECL’s wish and declare him eligible to stand in the 2021. Both Concourt and AG’s Office are controlled by State House. The writing is on the wall.
Why HH complaining of companies when he said Lungu should lock the country? HH wanted Zambia to be locked but today he wants to campaign. This man is not a leader. He wanted people to die so that they can raise against the govt.So why is he complaining now.PF please use the video and decampaign this man.He wanted total lock down.
The court has done its home work ,if they accept with sangwa to discontinue with the case ,others will twist the story to corruption and fimofimo that sangwa nabamulishamo .believe me this case is not going anywhere even him sangwa knows .he did under frustration because from the word go he promised that he will pertition.if he failed to do it people would have labelled him a coward. the best way kuipompafye as the guy .
This is what it means to be dull. According to you if an orange is a fruit, and a lemon is a fruit and a grapefruit is a fruit then they should all taste the same. Please think before you start displaying your dullness on the forum.
It’s like wasting police time. Sangwa mwaice, the law has failed to connect your brain stem to the gray matter.
Someone said if you want to hide something from an African put it in a book. Most people here who want UPND to win have refused to read and understand a simple principle in law. Law is applied prospectively and not retrospectively. Mr Sangwa knows this. The moment ECL signed the new constitution in 2016 into law, his first 18 months where changed from being under the 1996 constitution to the current one. If he had signed the new constitution in 2017 after the 2016 elections Mr Sangwa’s views would have been valid. Please bane lets read. This was revealed yesterday regarding BOZ’s permission on amounts of US Dollars one can withdraw. Without reading the contents, those pro UPND started shouting not knowing that actually BOZ had done the opposite of what they were attacking the…