Sunday, June 16, 2024

Outcome of the court signifies arrival of the rule of law and creation of democratic space – HH

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President Hakainde Hichilema has said the Lusaka High Court’s decision to stop the Kabushi and Kwacha Parliamentary by-elections from going ahead as planned on 15th September 2022 shows how the New Dawn government has restored Zambia’s democracy.

The court has granted the prayer by former Kwacha PF Member of Parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo to suspend the by-elections in the two constituencies pending determination of the matter in which they have contested the Electoral Commission of Zambia’s decision to declare their nomination invalid.

Judges Mwape Bowa, Sharon Newa and Catherine Phiri ruled that though the High Court does not have the authority to make a determination on constitutional matters, Article 52(4) of the constitution gives it the power to handle challenges relating to nominations in an election.

The trio said proceeding with the by-elections would be of grave injustice to Mr. Malanji and Mr. Lusambo as there was a likelihood of disenfranchising the duo by the time their petition would be determined.

Speaking to journalists in Ndola on the Copperbelt, President Hichilema said the UPND government has brought orderliness, rule of law, democracy and sanity in the courts.

He said the opposition should thank the UPND administration for restoring fairness and orderliness in court.

“The issue is that in a democracy, in a land of the free, the freedom we fought for. The brutality we took out, the lawlessness we took out, guns, teargas, bullets, we also have brought space, democratic space, rule of law. When a citizen or citizens go to court or the government is involved in that process. There is only one outcome. A decision will be made in favour of one litigant against one another. That is the democracy we fought for. That litigant who has won could be a citizen like you (journalist) over whatever matter. The one who has lost is another citizen or the government or a company. This is normal and I am surprised Zambians are beginning to talk a lot around this issue,” President Hichilema said.

“This is exactly what we fought for. So, the court can decide whether the court made the right decision is a different question. Did they make the right decision? Did they consider all the facts at play? Did they understand that this election was occasioned by the very court that nullified the seat and the Electoral of Commission of Zambia (ECZ) declared the seat vacant and campaigns were opened and I am here to campaign because I came to politics through UPND. I must campaign. How does this become an issue? It shouldn’t be an issue. That is again a normal thing that we created. I think we got used to lawlessness and disorder. When there is an order like this, people get angry,” he continued.

President Hichilema added:”I want to appeal to UPND members; this is what you fought for. Today a ruling was made against you; tomorrow it will end in your favour. Even the colleagues in the opposition, today you are happy but only a few months ago, not even months ago you were not happy when the ruling was made against nullifying the seat, you were screaming at HH. Now a ruling is made in your favour, you are screaming at HH. Finshi nachita ine nemulanda? (What have I done?) What have I done? I am not the one who went to court .I am not the one who made a ruling and I saw someone attacking me twakusuma iwe HH, we have done you in. That is a misplaced position. This is the order we have brought and they are enjoying this order. They must say thank you to the UPND government that has brought fairness and orderliness in court. In the bus stops no violence, in the markets no violence. That is the leadership that this country was missing.”

President Hichilema said the elections will take place in the future. He also reiterated that holding by-elections was a waste of public resources.

“The election will take place here, come rain, come sunshine and all I ask our members to be ready for the elections. In whatever form, whatever shape. In future, we would like to invite you Zambians to amend the laws that are instigated by elections. Let us not waste resources. I have said that you have heard my views before. This money we are wasting here could have sunk more boreholes; we could have bought more desks for our children to seat. We must be a country that is prudent; a country that respects that money is scarce. We must always use them optimally, meaning effectively, efficiently and not waste. This is a waste of resources. Not UPND resources but national resources. Citizen’s resources. It doesn’t matter who is spending here, it is national resources. Let’s protect resources from wastage. That is where we should go and I still hold that position,” Mr. Hichilema concluded.

35 COMMENTS

  1. Pretense is a very serious political disease. HH can’t tell me that he wasn’t aware that the ECZ had secretly printed ballot papers. He was aware of everything that was going on and was convinced that the election was going to go ahead and that’s the reason he went to campaign. He was aware of the scheme to bar Malanji and Lusambo and that’s why he was campaigning against them even when they weren’t on the ballot. Isn’t that laughable? My advice to him is that these ancient political tactics won’t work for him, they’ll just derail him. ECL had more praise singers that he has, so it’s up to him to decide whether to continue on this destructive path

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    • He is a hypocrite with no shame. Caught pants down printing ballots out’a transparency. He is a cheat.
      He could have directed the HECZ to print ballots in the corner. Don’t dictators hide in the words of democracy while attacking it from the inside.
      He now wants a HDPP. He is quite arrogant and by and large a novice.
      Thanks courts for doing what’s right. You stand for democracy as an arm of Government. Unfortunately some among you are rotten eggs. Bravo to y’all patriotic men and women at the Judiciary. They ‘re coming for you but be strong.

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  2. This man has got no shame
    The Upnd have attacked opposition members in Luangwa and the police are just watching
    Then he says government is going to win the next court case. What does that mean?
    He did everything to endure the duo didn’t stand but it’s due to their resilience that the case turned in their favor

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    • “This is exactly what we fought for. So, the court can decide whether the court made the right decision is a different question. Did they make the right decision? Did they consider all the facts at play? Did they understand that this election was occasioned by the very court that nullified the seat and the Electoral of Commission of Zambia (ECZ) declared the seat vacant and campaigns were opened and I am here to campaign because I came to politics through UPND….”
      Read the whole article …lets enjoy reading

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  3. Someone people think we are kids.
    Bowman and Malanji were blocked to file in by ECZ according to someone that is democracy, upnd cadres best up people according to someone that is freedom,the vice president was busy vote buying according to someone that is ok …she camping in kabushi of five day and nobody was allowed to campaign during the said period immediately she left,they comes another for nine days wasting tax payers money without shame..I now understand Nakachindas statement Ubututu…

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  4. Some people think we are kids and lying is normal.. Bowman and Malanji were blocked by the ECZ from filing in.. according to someone that is democracy, the vice president was busy vote buying in kabushi for five days immediately she left,another one camped for nine days wasting tax payers money. People received money
    K10000 etc it’s ok according to them during the two visits nobody was allowed to campaign and people were badly beaten that is the freedom he is talking about if you can’t take responsibility you are not fit to lead anyone leadership is taking responsibility where has this culture of refusing to responsibility coming from! I now understand Nakachindas statement and i quote Ubututu…

  5. the upnd went to copperbelt in full view that the court will judge in their fever not he is telling us, ballot papers were printed meaning they had infor that elections are going to take place. that is why kangombe was very upset he even directed the boss to clean up the judicially he also causing the judges to be PF, today ati ndiya vamene tinavotela rule of law kuti. they say ( a disappointed heart will always find a way to comfort itself )

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  6. When I was politically immature I used praise KK on everything…he arrested Kapwepwe, Mundia etc, I celebrated, he denied Nkumbula travel for treatment I cheered, he introduced one party participatory government I cheered….then I saw nothing was benefitting me. I joined the MMD to remove KK but then I saw so many paranoidal similarities between KK and FTJ, I gave up on politicians

    • But you are here commenting everyday on just political articles….realy laughable…I dont see you commenting on business or Agric articles. Go back to sleep,

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    • Politicians are the same. Perhaps because we followers are the same? Fools that always follow these liars. Liars out to steal everything in our public coffers

    • @@ Tarino Orange

      Why should @Deja Vu be an expert of every subject that appears on lusaktimes every day . This is the childish-thinking we see in you every single day. It is all about putting people down as if you have all the answers. From your comments we can see that you are not a master of every subject. Frankly you know SH*T. Grow up you frustrated soul. What is wrong with you.

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  7. This is indeed what we voted for. Do you think if it was PF, such would have happened? Never. Let us appreciate. This is democracy

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  8. This guy is a joke, he thinks we are fools as John Sangwa put it. He knows very well that he is not applying the rule of law as he promised earlier. If left unabated he was going to go ahead with the bogus elections. Fimo muleibwelamo.

  9. Bally will get the blame regardless. The courts found the two with a case to answer, in turn they nullified or disqualified the seats. As punishment for election fraud, the tax payer will foot the bill for another by-election to add to the courts staff bill. Then allow the fraudsters another go at the election….kikiki. No wonder Lungu never left Nkwazi House. He sat inside crafting a maze of questionable laws. Had a place holder Lubinda at Min.Legal Affairs. The only thing Lubinda was capable of doing was to oversee payment of retirees, he failed to pay a single retiree.

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  10. But I remember upnd MPs celebrating the failure of a PF backed bill in parliament and Noone said the words HH is blurring out; that that was democracy.
    Right now UPND is displaying their usual chimbwi no plan disconnect. HH says one thing, his followers another.
    Kangombe is on record as having said:
    We had almost the entire system that never wanted the President to be closer to the corridors of power. We have the same Judiciary which dribbled us in 2016 and expect it to be impartial. It’s like expecting Satan to Repent.”
    Clearly, In this party the left hand doesn’t know what the right hand is doing

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  11. According to Britannica.com rule of law is the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of terms: despotism,  absolutism,  authoritarianism, and totalitarianism. These all 4 terms describe this h guy as it relates to Bowman and Lusambo and now Siyuni. Iwe you can’t unilaterally decide to ban others from exercising their fundamental rights to be on the ballots. State capturer.

    • “the equality of all citizens before the law,” Indeed we are all equal and everyone including our president should acknowledgethis.So why does one person namely the president, have a defamation law protecting him. A defamation law to whip everyone else with? this tinpot Kingdom lawneeds t be done away with not tommorrow but yesterday!

  12. Look at the critics, mostly from the clique…………

    above , recoiling in anger and shock at HHs response………..

    The man has said ECZ lost the case, that is the democracy UPND has brought……….

    No big deal, no one should die because of the new independence of the judiciary……..

    This is how democracy works……….

    Well said Mr President………

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  13. Some people think we are kids and lying is normal.. Bowman and Malanji were blocked by the ECZ from filing in.. according to someone that is democracy, the vice president was busy vote buying in kabushi for five days immediately she left,another one camped for nine days wasting tax payers money. People received money
    K10000 etc it’s ok according to them during the two visits nobody was allowed to campaign and people were badly beaten that is the freedom he is talking about if you can’t take responsibility you are not fit to lead anyone leadership is taking responsibility where has this culture of refusing to responsibility coming from! I now understand Nakachindas statement and i quote Ubututu… Cry my beloved country

  14. @7.1 Tarino I have as much right to comment on matters affecting me whether you like it or not. Zambia is my country and you or HH cannot control what I do so long I don’t break the law.

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    • “……The issue is that in a democracy, in a land of the free, the freedom we fought for. The brutality we took out, the lawlessness we took out, guns, teargas, bullets, we also have brought space, democratic space, rule of law. …….”

      President Hakainde Hichilema……

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  15. Sources… the two seats are a matter of life and death… Upnd wins these two seats… PF numbers reduce in parliament.. HH moves the removal of Edgar Lungu’s immunity before parliament, with reduced PF numbers the motion goes through.

    • The majority will decide………guided by the rule of law , if…………

      They want lungu to answer a few questions at ACC…………

      Questions like how did his assets grow to $1.8 million in 18 months in office …….?

      What kind of business was he engaged in that has such spectacular returns ???

  16. Yes, this is democracy. The problem is that PF chaps are very ungrateful. No wonder most of them did very bad things. They can even insult a person who helps them father children.

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