Patriotic Front President, Michael Sata, has discontinued the Presidential election petition against President Rupiah Banda.
Mr. Sata says he has instructed his lawyers to discontinue the case to avoid suffering further humiliation.
He was speaking to Journalists shortly after the Supreme Court threw out an application for a vote recount.
Mr. Sata said he now wants to save time in order to concentrate on the party’s mass countrywide sensitisation programmes.
Deputy Chief Justice, Ireen Mambilima, on Wednesday morning dismissed the application for an order of recount on grounds that it was premature.
Justice Mambilima, sitting with four other Supreme Court Judges, said the application has been thrown out with costs.
She said the court has not been persuaded to depart from the Mazoka Versus Mwanawasa petition where it was stated then that what was contained in the affidavit was not evidence.
She said Mr. Sata will have to present evidence to prosecute his petition.
Justice Mambilima said Mr. Sata is at liberty to apply for an order of recount which the court can only grant once there is sufficient doubt cast on the accuracy of the results.
She also said it was common cause that trial in the petition has not started but that the petitioner was seeking an order of recount upfront, before presenting any evidence.
She said such a procedure has never been used in the trial of any election petition in the courts of law.
Mr. Sata’s lawyers had argued that alleged discrepancies or anomalies recorded in some polling stations brought the authenticity of the results into serious doubts.
Solicitor General, Dominic Sichinga, however said the petitioner did not say that he was present at all polling stations were alleged anomalies took place.
Justice Mambilima has meanwhile adjourned the presidential election petition to April 27th.
And one of Mr Sata’s lawyers, Bonaventure Mutale, told ZNBC news that he will seek audience with his client on the way forward after digesting the ruling.
PF cadres who have in the past thronged Supreme Court grounds, stayed away from Wednesday’s proceedings.
Only police and several MMD cadres were present on the court grounds.
[ZNBC]