High Court Judge says he can’t block Lungu’s Inauguration

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A Lusaka High Court Judge has ruled that he has no jurisdiction to grant the application by Hakainde Hichilema and his running mate Geoffrey Bwalya Mwamba seeking an injunction to block the inauguration of President-elect Edgar Lungu and his running-mate Inonge Mutukwa Wina.

 

Delivering the judgement this evening after 7pm, Judge Mwila Chitabo said there is no provision in article 28 for issuing an interim relief.

 

“I have no jurisdiction to grant the interim relief sought. Interim relief denied with costs, ” he ruled.

 

Judge Chitabo has however given the petitioners leave to appeal to the Supreme Court.

In another application made by the Attorney General to declare United Party for National Development – UPND as vexatious litigants, Judge Chitabo has thrown it out.

 

On Wednesday the AG, Likando Kalaluka filed in application asking the court to declare UPND vexatious litigants after the party leadership filed numerous applications in a bid to have it’s petition be heard.

 

Judge Chitabo sitting in the Lusaka High Court said he can’t declare  UPND vexatious litigants as there is a case  before the constitional court which is senior than high court.

 

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37 Responses to High Court Judge says he can’t block Lungu’s Inauguration

  1. MAYBE HH SHOULD TRY TO USE MWINE MUSHI’S COURT. AND HE SHOULD HIRE KASAKA AS HIS LAWYER. HE MAY MANAGE TO BLOCK THE INAUGURATION.

    Chisenga
    September 9, 2016 at 6:06 pm
    Reply

    • The High Court cannot be clearer and more correct than that.

      Look, the court had nothing it could use to block the inauguration of a duly elected.

      The only thing that a court, and specifically the ConCourt, can use is an election petition.

      If there is a valid election petition it will be mandatory according to the constitution that inauguration waits for determination, following a successful hearing of such petition.

      In this case, there is no petition before any court, because the only petition that was brought before the ConCourt by HH and GBM collapsed and expired on Friday last week.

      The said petition expired before it could even be heard because, when accorded a full chance to be heard, the petitioner prefered to use the time deal with other matters.

      Therefore, there being no petition against the election of the president elect, the declaration of the winner by ECZ remains unchanged, and the court has nothing the can cause it to stop the inauguration.

      Even the ConCourt has no grounds to pass any verdict on the validity or invalid of the election as there was no any hearing before the expiry of the petition.

      By the way, I am not a lawyer. But of course I find law to be very straight forward. I wish all fields and professions were like that.

      Peace for Zambia
      September 9, 2016 at 6:31 pm
      Reply

      • It is very that even these high court judges are afraid of Pf thugs.

        robert sulamoyo jr
        September 10, 2016 at 9:54 am
        Reply

    • this is a serious matter man,jokes aside.

      joko
      September 9, 2016 at 8:13 pm
      Reply

  2. We shall pray that God intervenes the best he does…..take Edgar away.

    The Observer
    September 9, 2016 at 6:20 pm
    Reply

    • Even if he is taken away as the blogger says, PF will still have the presidency. Thats why there is running mate. There will be no fresh elections. So that is a hopeless Hope.

      Sympathizer of noone
      September 9, 2016 at 8:06 pm
      Reply

  3. awe sure

    Gbm
    September 9, 2016 at 6:23 pm
    Reply

  4. Take him away to where?fake prayers.

    bashi b
    September 9, 2016 at 6:24 pm
    Reply

  5. There’s no justice any more in Zambia. HH and GBM must just forget about any legal battles because they are meaningless. Almost all the judges are compromised or paid.

    Prince Mande
    September 9, 2016 at 6:28 pm
    Reply

  6. We just have to go back to 1911 map Zambia ends here .

    nigaz
    September 9, 2016 at 6:30 pm
    Reply

    • Idiot

      Mjb
      September 9, 2016 at 7:00 pm
      Reply

      • Bt you are the biggest one.

        robert sulamoyo jr
        September 10, 2016 at 10:20 am
        Reply

    • That’s the only way I suppose. Try to count, Harry Nkumbula, Mungoni Liso, Samson Mukando, Baldwin Nkumbula, Ben Mwiinga, Anderson Mazoka, Dean Mung’omba and now HH. These gallant sons of the soil tried to liberate Zambia but You know what happened and now we are told ‘umu Tonga takateke Zambia no matter what.’ If a tonga, a lozi or a Luvale are not to rule underwhat circumstance what so ever, better let them to gorvern themselves as they are more intelligent. I support you Niggaz

      munac
      September 10, 2016 at 3:58 am
      Reply

    • ‘Umu Tonga takateke Zambia.’ This statement has been repeatedly said by some tribes several times and it show that there is tribalism. HH won the August 11 election and his victory is being robbed. Can somebody tell me the real reason of voting if our votes do not count. Its really really annoying. May God guide us

      munac
      September 10, 2016 at 4:11 am
      Reply

      • Who told you th a HH won the 11th August if he won his friend Meembe would have published in his fake papers but he’s quite up to now.Seven provinces for ECL and three for HH how do you expect him to win.Don’t talk about tribalism any one can rule in Zambia.It’s time BY stepped down give chance to Garry or Mweetwa.HH is a failure and no one stole his votes as he’s claiming.We advised him to stand as a councillor in Dundumwezi but he couldn’t take the advice.Just appeal to local court and things will be to your favour other wise you are just wasting your money and your time

        EX-MAROON
        September 10, 2016 at 5:46 am
        Reply

        • But u are a big bunch of failures) by employing thugs to interfere in public institutions (courts en bus stations)

          robert sulamoyo jr
          September 10, 2016 at 10:04 am
          Reply

  7. hh na gbm what do they are fighting for their children.Don’t be fooled that they are fighting for zambian people just work hard for yourself and children.

    Gbm
    September 9, 2016 at 6:33 pm
    Reply

  8. Jurors with no jurisdiction, dear God please liquidate this country.

    Conspiracy Theory
    September 9, 2016 at 6:38 pm
    Reply

  9. I will never support ruling part due to their self esteem.

    Analyser
    September 9, 2016 at 6:41 pm
    Reply

  10. lets us hold each others hands and move on to improve our land zambia we only have one zambia one nation and we cant afford to destroy it.

    john musadala
    September 9, 2016 at 6:49 pm
    Reply

  11. When you call someone a thief, according to the law produce the evidence and the witnesses to validate your claims. You don’t just wake up and you start shouting thief, thief! And insulting all your neighbors. Please go and wash your proboscis. What you doing is called a smear campaign. Reality is reality. The stone which the builders rejected has become the cornerstone. So what do you do in cases where what was supposed to support you fails to do so.

    Sharpshooter
    September 9, 2016 at 7:01 pm
    Reply

    • What fool of a sharpshooter are you. Produce evidence from which court in Zambia when evryone knows how desperately wicked our judiciary is? Where were you when Concourt blocked the process of giving evidence through the hearing of it? Wake up!

      Kulabalika
      September 9, 2016 at 7:15 pm
      Reply

      • Your lawyers failed to produce evidence because they can’t stand with Prof Mvunga,Eric Silwamba Sakwiba and their group.In short you had no evidence it was a clean game which you lost.Don’t forget before elections were held you promised the all nation that you will not accept the results and you have done just that.But we are inviting you to come at the heroes stadium on Tuesday please you are welcome.

        EX-MAROON
        September 10, 2016 at 5:57 am
        Reply

        • But lungu is afraid to debate against HH — it tell us that lungu is a flop en a drunkard.

          Those supporting him need serious prayers.

          robert sulamoyo jr
          September 10, 2016 at 10:17 am
          Reply

          • Look, even me I cannot debate with a person who calls everyone thugs apart from those who support him.

            Even judges are called thugs if they judge against him.

            Now, Lungu is above that calibre.

            Peace for Zambia
            September 10, 2016 at 12:20 pm

  12. Whitherto now Zambia? You are dead. Cry my beloved country! Satan has won again. Where is our God? He is the only one who can hear our cries and even intervene at the point where we cannot fight for ourselves anymore. Let us allow Him to do His will in this dying country. Please Lord, hear us, help your children in Zambia. Are you really approving of the theft of votes and that Lungu and his PF must get away with it again? What are our future generations going to learn from this experience… that You do not hear prayers and support the thieves?

    Kulabalika
    September 9, 2016 at 7:09 pm
    Reply

  13. If HH wants war,let him start it now, ukutumpa HH waumfwa.wechipubawe.just who do you think you are?you are up for sanctions chimbwi iwe.non-Tongas have been displaced from southern province because of you hyena.wanya uzaciona.

    panda
    September 9, 2016 at 7:09 pm
    Reply

  14. Pingback: High Court Judge says he can’t block Lungu’s Inauguration - Latest Africa News, Breaking News, Hot and Daily News

  15. Pipo fight for our poor as IPO.

    kankuzy m 23.
    September 9, 2016 at 8:10 pm
    Reply

  16. Let hh do a is job,of u have sell amataba ku Zimbabwe ATI dollar ibwele …kuumma

    kankuzy m 23.
    September 9, 2016 at 8:15 pm
    Reply

  17. Justice Chitabo has refused to rule that the Petetioners are vexetious litigants becoz the UPND PETETION is alive and is with Concourt. The Petition is not only alive but waiting for Concourt to set the dates for a proper and fair hearing. The judge has even agreed to grant a the Petetioners leave to Appeal to SC which the Petetioners will do on Monday. With a Petetion at Concourt and an Appeal at Sc will the CJ and her Deputy preside over an illegal and illegitimate swearing ceremony on Tuesday. Interesting times ahead.

    Mwansa
    September 9, 2016 at 9:10 pm
    Reply

  18. Why is it that these cases are being handled by Bemba Judges only? That Sitali is actually a Bemba married to a lozi and here we go again. This is perculiar but call it tribal if u like

    True Blue
    September 9, 2016 at 10:25 pm
    Reply

  19. So which book is he going to hold and swear that he will uphold the constitution, because he has already shown that he is above the law.Not the bible no, no, no he should not mock God anymore. Let our country not be cursed

    ANC
    September 10, 2016 at 5:04 am
    Reply

  20. Justice Chitabo has demonstrated how a Court of Justice should handle a Petetion. He has shown that Justice is more important than time expiry by granting the Petetioners leave to Appeal to the SC. Justice Chitabo welcomed,listened to and helped the Petetioners in seeking a fair,proper and timeous Petetion Hearing. It was good to see that Justice Chitabo dismissed the AG’s frivolous Application suggeting the Petetioners are Vexetious Litigants becoz the Petetioners Petetion is active and alive with Concourt awaiting a proper,fair and timeous Hearing. The SG and AG should be ashamed of their roles in this case and recuse themselves from this case becoz they are not only confusing Concourt judges but serving the interests of Lungu rather than public interests. Public Servants paid by taxpayers money blocking the rights of Citizens to be heard? What nonsense is this? The AG & SG should just join the Lungu and PF Defence Team rather than them masquerading as govt legal Advisers.

    Mwansa
    September 10, 2016 at 5:17 am
    Reply

  21. u are right iwe “peace for zambia” let me see you ku inauguration as we have been invited by GRZ SMS. kkkkk

    BA CHIOR
    September 10, 2016 at 7:57 am
    Reply

  22. THEY ARE THE SAME PEOPLE, HOW DO YOU EXPECT A SON TO BETRAY HIS OWN FATHER, IMPOSSIBLE.

    PP PARTY.
    September 11, 2016 at 5:24 am
    Reply

  23. My prayer to God, who is the giver of life and the omnipotence, is since He is the one who created Edgar Chagwa Lungu, may He out of His infinity mercy and love remove him from this earthly life with the speed of lightning so that to soil where he came he goes back. Amen.

    Gwembe
    September 11, 2016 at 3:51 pm
    Reply

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