The Comedy of an Election Petition

Filed under: Politics,Special Comments |

FB_IMG_1472911620832By Dr Cholwe Beyani

Had the Courts heard UPND evidence it would have been a closed case. It is no wonder that PF machinery made sure the case never took off pleading 14 day window period.

By dismissing the petition without hearing it, an affront to justice has been committed because the cause of justice should not be sacrificed on the altar of the questionable interpretation of the 14 day window period in which the petition ought to have been heard. Clearly the court misdirected itself.

The refusal by one Judge Anne Sitali to hear the motion on Clause 103 of the constitution relating to the incumbent surrendering presidential executive functions to the speaker was a violation of the constitution that she swore to uphold. She has obviously been compromised and should have declared interest and recused herself.

The calamitous and inconsistent conduct of the ConCourt judges did not serve the cause of justice. The Judges reversed their earlier decision for hearing the case over the period of four days, then Judge Sitali reversed herself ruling to have the case tried and concluded in one day, being midnight Friday 2nd. During the session that said Friday, the bench of the ConCourt issued an order that the case be adjourned to Monday 5th September 2016 and would be heard up to Thursday the 8th of September 2016. However Sitali with the two said judges abruptly issued another order reversing the earlier decision and thereby declining to hear the petition on the basis of the lapse of the 14 day window period. This in our view is not in tandem with the spirit of the constitutionalism; which is to promote fair hearing and justice which the petitioners are constitutionally entitled to.

The three judges in question also abrogated Article 18 (9) of the Bill of Rights which stipulates that there be fair hearing within a reasonable time frame. This article supersedes any constitutional provision that may be at odds with it. Simply put this article overrides the 14 day window period interpretation. It is hard to imagine that these judges were not aware of this article.This further strengths the view that judges appointed to the Concourt do not have the skills and experience in constitutional law to sit on such a Court. Failing to rule on the matter based on a technicality makes their ruling a nullity.

Among dozens of evidence pieces in the arsenal of UPND would have been a questioning of Judge Chulu who as a judge understands the gravity of a Court Order. On the day ECZ announced Lungu as winner UPND had gotten a court order to compel ECZ to recount the ballot papers for Lusaka. Chulu refused and ignored the Court Order. I wonder what answer as judge this charlatan would have given.


17 Responses to The Comedy of an Election Petition

  1. Spare us with your whining. Just put on green tomorrow and join the wining team at the Heroes Stadium for the inauguration of the Great ECL.

    Get over it and get a life. We are tired of the so colled evidence which you failed to present in 14 day?

    The Laughing Philosopher
    September 12, 2016 at 9:14 pm

    • This is the most retrogressive man I v ever met in my life – de idiot is not a man enough to show his real name but writing rubbish.

      robert sulamoyo jr
      September 12, 2016 at 9:33 pm

    • @the laughing philosopher, you an idiot. If your reasoning base is shallow enough, then that’ s your problem.Your f00lish Edgar lost the elections but forced his way through fraud, therefore, he is not a legitimate president for this country. Do not forget that the very wrong precedent that he has set shall eat him one day. I for one, I no longer support the ”One Zambia, One Nation” nonsense because the only answer currently at hand secession. We can’ t continue with crooks who are just there to run down the country.

      Mweemba Chiyota
      September 13, 2016 at 4:23 am

  2. Pingback: The Comedy of an Election Petition - Latest Africa News, Breaking News, Hot and Daily News

  3. Kuluza sibalesa manje kaluzidwe. Publish the overwhelming evidence maybe tingakuveleleniko chifundo.

    September 13, 2016 at 1:34 am

  4. Why doesn’t HH have someone swear him in as well? He is the legitimate president of Zambia. The other imposter from a mountain of evidence is a fraud

    September 13, 2016 at 3:46 am

  5. Let Lungu be sworn in as president of north-eastern zambia as we are also making some arrangements to swear in HH as our president in North-western Zambia. One zambia two nations

    north-western zambia
    September 13, 2016 at 4:23 am

    • You mean as president of Cows.

      September 13, 2016 at 4:41 am

  6. Kkkkkkkk @ president of cows.He has lost both in court and elections,let him go back to business,oh sorry too much inkongole

    silent voice
    September 13, 2016 at 5:02 am

    • HH has not lost in the court he has lost in your mind you tribalist just go ahead with your cerebration one you will regret your actions

      September 13, 2016 at 8:03 am

  7. am sorry for upnd and hh the game is over.any way after dununa reverse I am defecting to upnd at chainama hotel.

    September 13, 2016 at 5:37 am

  8. Dr. Choolwe Beyani. You are the real joke. You don’t behave like an intellectual at all. You told lies about foreign voters in the Eastern Province just like you have told many other lies before. You are a disgrace and should be nowhere near the doors of universities. You are also a hardcore tribalism who can bring instability in the country. Lick your wounds, do some self introspection and repent, you wicked man.

    Clara Haatembo
    September 13, 2016 at 6:32 am

  9. Clara stop shooting at the messenger. The article here just explains, in a simple form for you to understand. whats wrong with someone giving his side of understanding of the justice system. Just because it favors the ruling party it does not make it right. The fact is Zambian justice system has been raped and the so called constitution, that should make you as a zambian proud, is a piece of shit, because the president has broke it and continues to do so. I hate when zambian turn on their myopic tendencies while their country is in a mess. The rot has begun, just look at guests at your inauguration today, you will have picture of the state of Zambia, Mugabe will be there and who else? You should be concerned for your children, what country are YOU going to leave for them, where a constitution is broken by the one who signs it into existence. Wake up! There’s a long life after a cake is eaten today.

    September 13, 2016 at 7:34 am

  10. I have a proposal for the tribal vermin: Beyani, Hasungule, chipenzi sikana and Hamalengwe, why did you meet to write one article on the petition? That way we wouldn’t have known you!

    September 13, 2016 at 7:50 am

  11. I have a proposal for the tribal vermin: Beyani, Hasungule, chipenzi sikana and Hamalengwe, why didn’t you meet to write one article on the petition? That way we wouldn’t have known you!

    September 13, 2016 at 7:53 am

  12. Well said beyani, only idiots will surely condemn you. Gready pf thieves have destroyed our country.

    September 13, 2016 at 8:47 am

  13. The Elections have been stollen, the Concourt has been plundered by Lungu, so what next? black magic use pula ya katose or Kaliloze gun, many ways of skinning a cat.

    September 13, 2016 at 6:32 pm

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