Allow petition to be heard, pleads Nevers

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Nevers Mumba

Nevers Mumba

Movement for Multiparty Democracy (MMD) faction leader Dr Nevers Mumba has pleaded with President Edgar Lungu to consider allowing the petition against his election be heard.

Dr Mumba said this in an open letter which was addressed and  delivered to President Lungu and the media.

Mumba said  Zambia is divided into half and for Lungu to govern a nation, he needs to satisfy the population that he won.

“The country is divided into half in terms of allegiance. To govern such a divided country needs to ensure that most of the population be fully satisfied that they have either won or lost an election. If this fact is not established, peace becomes illusive in a young democracy like ours,” he said.

Mumba said the truth Lungu needs is outside State House. He said it is outside both the PF Central Committee and Cabinet anf that it lies in the hearts of the ‘not so liked’ individuals who owe him nothing and vice versa.

“By proceeding with your inauguration you have deprived yourself an opportunity to legitimize your Presidency. In view of the developments of the past three months, it has become clear that your assumed victory is in question, not only by many Zambians but by a large part of the international community. This fact can be evidenced by the many Heads of state who declined the invitation to attend your inauguration. I know my colleagues surrounding you have found a way to explain this dilemma away. In diplomacy, if only two presidents out of 54 respond to an inauguration it clearly means that they may not want to associate with that particular event.”

Dr Mumba also asked Lungu to listen to individuals and stakeholders who have called for the petition to be fairly heard.

“Aditionally, we should all be deeply concerned when the three church mother bodies write a Pastoral letter distancing themselves due to the lack of transparency in the last election; when local monitors like FODEP confirm that the election was fraudulent and not free and fair; when observers like the European Union and the Carter Center state that the election was not free and fair; when civil society like SACCORD question the legitimacy of the election;when ECZ itself confesses that they had given you 8,000 extra votes in places like Lundazi erroneously; when world acclaimed constitutional lawyers like Professor Muna Ndulo confirms that the ConCourt failed to discharge justice; when three Judges made a private ruling to dispose of the petition; in all these circumstances, we should be deeply concerned.  (I will attempt to attach all these documents for ease of reference).

The MMD faction leader also said the inauguration was done hurriedly but Lungu can try and have a recourse in the failed confidence in his election by allowing the petition.

“With such dissent against the last election, I wish to repeat that your hurried inauguration could have been misconceived and may not be respected by many Zambians. I fully understand that I am not your advisor, but I am a Zambian with deep interest in the integrity of democratic processes in our country. The most favorable recourse you have would be to allow the Petition to be heard. This alone will free our nation from unnecessary conflict and allow us all to place development at the center of our debate. I would like to advise that those of us who have served under a president who was petitioned understand that a petition is not an enemy of democracy but an effective healing balm of democracy.

“President Mwanawasa was petitioned by Anderson Mazoka.  I served as Vice President at the time. While the petition was always a source of great discomfort, it also served as a safety catch for the nation until the courts ruled on the case. Until your petition is heard, there remains no safety catch for the people of Zambia.

“I don’t expect you to listen to my counsel, but if you do, you will probably become one of the very few leaders today and in history to take advise from a person they profess to hate.  Someone who is not within the establishment.  I however consider myself qualified to offer you my views. Firstly, I have served under a petition when I deputized President Levy Mwanawasa, secondly, I am giving counsel as a fully ordained minister of the Gospel and thirdly as an active participant in the last electoralprocess,” Mumba explained.

“I wish to further advise that you caution and counsel those who speak on your behalf to start a new culture of answering the questions Zambians are asking instead of what they have become known for. They usually seek to insult and humiliate those who seek answers from your office. By responding with statements like, ‘Nevers is a failed politician,’ or ‘is a failed Pastor’, such rhetoric does not take away the issue at hand which is that Zambians want justice and want the petition to be heard. I urge them to first address themselves to the critical question at hand. Insulting us will not resolve the conflict on the table. Whether in their eyes one is viewed as an “irrelevant” citizen of Zambia or not, every Zambian deserves to be heard.”

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31 Responses to Allow petition to be heard, pleads Nevers

  1. I thought the elections are over and therefore the marriage of convenience between Dr Mumba and UPND should have expired but alas the man is still stuck to his newly found friends and almost anointing himself as spokesperson for UPND. I hope he is not engineering the hounding out of Dr Canisious Banda. I hope so!

    Paulos
    September 27, 2016 at 7:27 pm
    Reply

    • Ba ZambianEye,I thought you were different from these govt controlled media-ZNBC,Zambia Daily Mail,Times and PF controlled Richard Sakala’s Daily Nation who have been promoting illegality about the Mutati/RB gathering.The Supreme Court ruled and stayed that illegal gathering and the outcome of it.Dr Mumba is the LEGAL president of MMD.Plesse don’t be a disappointment also.

      The MMD Obsever
      September 27, 2016 at 9:13 pm
      Reply

  2. Let the petition be heard…its that simple

    humphrey
    September 27, 2016 at 7:41 pm
    Reply

    • Who is going to hear it? Courts are time bound on that matter.

      Hunter Shilesa
      September 28, 2016 at 8:46 am
      Reply

      • is that your verdict? time bound?? keep it to yourself.

        joko
        September 28, 2016 at 8:33 pm
        Reply

  3. this is a fight for the total restoration of the rule of law, youmust not look like you are not a zambian. yes the election are over but the presidency and power to rule this great nation is in wrong hands.MR ECL is was not duly elected by the people of zambia, he stole his victory using state organs such as the police, judiciary and the wicked ECZ staff.we all saw the wickedness manifest stealing of votes done before our eyes. the petition was wrongly closed as the court never sat for 14 days. infact the concourt sat for 10 days only contrary to the constitution.thoses judges are wicked and corrupt becuase they can not tell the nation what happen on each day in the court from day one.by fighting not to hear the petition is evidence that ECL lost the election.if he thinks he won let him not hind in the wrong interpretation of the constitution by corrupt judges with blindness. Nevers mumba is fighting for the constitution which is being abrogated by PF. every true zambian must support this cause because the truth is ECL never won but stole the election. no matter the time that will pass justice will prevail one day..

    freedom fighter
    September 27, 2016 at 7:50 pm
    Reply

  4. You are very right Dr. Mumba ,we the zambian people who took part in the voting on the 11th august we know that something is wrong with the outcome of this election infact the people upto now they do not know the actual results of edga lungu and HH.This raises more questions than answers and to avoid speculations we demand that let the petition be heard fairly and at the most quickest possible time becuase minus that peoples tempers are building up day by day which is not healthy for our country.If there is nothing to hide please its not HH and GBM or UPND who want to know the fair outcome of the petition but its the millions people who voted for HH and GBM who are demanding to know .As long as the petition is not disposed off properly the agrieved people will not recognise ecl as the ligitemate president and the instabilities and incertainity will be the order of everyday.Please we are not asking any favour from president Lungu but all we need is to know what transpired.

    Maurice banda
    September 27, 2016 at 8:15 pm
    Reply

  5. ACCORDING TO THE CONSTITUTION OF ZAMBIA, ELECTION PETITIONS ARE HEARD IN 14 DAYS AFTER THE PETITION. IT IS THE PETITIONERS RESPONSIBILITY TO ENSURE THAT THE PETITION IS HEARD WITHIN THE 14 DAYS. IF YOU CHOOSE TO TALK ABOUT IRRELEVANCIES IN THE 14 DAYS, THEN IT IS YOUR FAULT WHEN THE PETITION GETS THROWN OUT. AFTER 14 DAYS , IT WILL BE UNCONSTITUTIONAL TO HEAR THE PETITION, THAT IS IF THERE IS ANYTHING NEW TO EVEN HEAR ANYWAY.A DULL MAN LIKE YOU MR MUMBA CANNOT EVEN UNDERSTAND WHAT THE LAWS SAYS.

    CChisenga
    September 27, 2016 at 8:23 pm
    Reply

    • According to the constitution of Zambia only a sober mind person like HH should be a president not a drunkard like Lungu

      Robert Sulamoyo jr
      September 27, 2016 at 9:03 pm
      Reply

    • Article 269. For the purposes of this Constitution, in computing time, unless a contrary intention is expressed— (a) a period of days from the happening of an event or the doing of an act shall be considered to be exclusive of the day on which the event happens or the act is done; (b) if the last day of the period is a Saturday, Sunday or public holiday (“excluded day”), the period shall include the next day; (c) where an act or a proceeding is directed or allowed to be done or taken on a specified day and that day is an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken the next day; and (d) where an act or a proceeding is directed or allowed to be done or taken within a time not exceeding six days, an excluded day shall not be counted in the computation of the time.

      Since the days of hearing exceeded 6 days, the law staes claer that excluded days can be counted only if the case is heard on that day. If no hearing is done on excluded day(WEEKEND AND HOLIDAYS) the next orking day is the one to be counted. In this case the petition was never sat on the excluded days, therefore excluded days (weekend) were not to be counted) The learned judges were right when they first judged independently that the petition would end on
      8th Sept. Due to intimidation from the ruling party, some of the judges
      changed. For justice to prevail , the petitioners they still had four more days representing the four weekends days of two weeks. Mind you, God you worship of Israel is God of justices, he hates injustice.

      D.S.C
      September 28, 2016 at 11:38 am
      Reply

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  7. The Election Petetion is very much alive. Concourt illegally dismissed the Petetion.Concourt has no powers and there is no clause to dismiss the Petetion.The only way is for Lungu to allow the Petetion to be heard properly,fairly and in reasonable time. Without the Petetion Hearing Lungu will remain an illegal and illegitimate President. The illegal and illegitimate Lungu govt will not be recognised by the International Community and IFIs and Donor Aid Agencies will not bailout the illegal and illegitimate Lungu Regime. Sanctions and travel restrictions await Lungu and his Election Riggers. Even SADC and AU will not endorse the illegal and illegitimate Lungu regime until the Petetion is disposed off. Dr Nevers Mumba is spot-on this issue.

    Chibwe
    September 27, 2016 at 8:53 pm
    Reply

  8. The demand for the petition to be fairly heard is a National outcry of the Zambian people.Why is it that ECL and the pf thugs have very serious signs of resincetance for it to be heard.what do you know about the petition which you dont want the people who voted to know.ECL the path you have taken is no difference with the hardcore Dictators and their ending it has been disasiter.

    Guillime
    September 27, 2016 at 9:04 pm
    Reply

  9. The Election Petetion is very much alive. Concourt illegally dismissed the Petetion.Concourt has no powers and there is no clause to dismiss the Petetion.The only way is for Lungu to allow the Petetion to be heard properly,fairly and in reasonable time. Without the Petetion Hearing Lungu will remain an illegal and illegitimate President. The illegal and illegitimate Lungu govt will not be recognised by the International Community and IFIs and Donor Aid Agencies will not bailout the illegal and illegitimate Lungu Regime. Sanctions and travel restrictions await Lungu and his Election Riggers. Even SADC and AU will not endorse the illegal and illegitimate Lungu regime until the Petetion is disposed off. Dr Nevers Mumba is spot-on this issue.

    Zimba
    September 27, 2016 at 9:30 pm
    Reply

  10. In terms of the Bill of Rights Concourt erred in dismissing the Petetion Hearing on the basis that 14 days had expired.Justice delivery is far much more important than any technicalities including time expiry. Concourt was wrong to use time expiry to dismiss the Petetion. To make matters worse the Amended Constitution has no law mandating Concourt to dismiss the Petetion at all. The Petetion is therefore very much alive and awaits a proper hearing which is fair,open and held in reasonable time. This Petetion will hound Lungu until its heard and disposed off properly. Time will tell.

    Zimba
    September 27, 2016 at 9:41 pm
    Reply

  11. @Chibwe, Guilime and Zimba. WHAT INTERNATIONAL COMMUNITY ARE YOU TALKING ABOUT? THE AU, SADC, EU AND OTHER MONITORS WERE HERE IN ZAMBIA. AND THEY GAVE THEIR COMMENTS LIVE ON TELEVISION. AND HEECL IMMEDIATELY WENT TO ATTEND THE UN SUMMIT IN THE USA. SO WHICH INTERNATIONAL COMMUNITY HAS NOT ACCEPTED ECL? DONT LIVE IN A FOOLS PARADISE. HH HIRED VERY EXPERIENCED LAWYERS. AND THESE LAWYERS KNOW THE REASON WHY THEY DID NOT PRESENT THE SO CALLED EVIDENCE IN 14 DAYS.THEY KNEW THAT THERE WAS NO EVIDENCE TO PRESENT. THEY JUST WANTED TO MAKE MONEY FROM A DESPERATE POLITICIAN IN TERMS OF LEGAL FEES.AND PLEASE IT IS NOT CALLED “PETETION” IT IS RATHER CALLED “PETITION”

    Chisenga
    September 27, 2016 at 10:41 pm
    Reply

  12. Let’s move on… And develop instead of dwelling on issues of job seekers like mumba….Let’s go and mumba should shut up

    Aristide Bance
    September 28, 2016 at 12:42 am
    Reply

  13. Illegality is illegality whether committed in the bedroom or in the open. Anything illegal remains so and does not change by passage of time. Some leaders will have to account these evils no matter what.

    Nevy Kabs
    September 28, 2016 at 6:09 am
    Reply

  14. Chisenga please let me remind you that Botswana president came because he is the SADC chairperson and for the other Dictator who came to support his friend I think you know him better and that we so many people here in zambia from his country running away insearch of food.So do not be petty in your reasoning because what you and pf are looting now have serious future implications and will continue affecting the future generation .Do you think ECL respects our constitution ? why did he not step aside and allow the speaker to have power when his election was petitioned in the concourt? answer these honestly.

    Guillime
    September 28, 2016 at 6:39 am
    Reply

  15. when are you going to realize that whatever you are trying to fight for will not ever yield the results you expect? The sooner you accept and just wait for 2021 the better for you because you are just stressing yourselves unnecessarily knowing for sure that whatever you want will never happen the way you want it to be. Dont be too desperate just because u r Tonga or Lozi’s. My mbuya’s you are too adamant to accept the truth n thats why you always lag behind because your beliefs are not changeable according to yourselves. MOVE ON AND FOCUS ON 2021. Mumba will just rundown your party if you’re not careful. all he wants is food and shelter because he has no many. This many has fallen short of the glory of GOD because of what he has done in the past. please dont entertain him.

    bob
    September 28, 2016 at 6:44 am
    Reply

  16. CHISENGA,ITS YOU WHO IS DULL.USELESS CREATURE.

    Chagwa
    September 28, 2016 at 7:14 am
    Reply

  17. BOB,YOU ARE JUST DULL LIKE ECHISENGA.CAREFULLY GO THROUGH YOUR POSTING.
    WHICH SCHOOL DID YOU GO TO?DULL PFOOL CADRE.WE ARE NOT TALKING ABOUT TONGAS OR LOZIS BUT JUSTICE.DO YOU UNDERSTAND BILL OF RIGHTS?NWAY,CANT BLAME YOU BCOZ YOU ARE GOING REVERSE.IF YOU HAD SENSES,YOU WOULD HAVE JUST KEPT QUIET.

    Chagwa
    September 28, 2016 at 7:28 am
    Reply

    • @Chagwa. CAN YOU QUOTE WHERE THE BILL OF RIGHTS SAYS THAT YOU CAN GO ON HEARING AN ELECTORAL PETITION BEYOND ITS STIPULATED TIME? THE BILL OF RIGHTS IS IMPORTANT, BUT THE BILL OF RIGHTS DOES NOT SUPPORT BREAKING ANY CONSTITUTIONAL PROVISION.EVEN ECL HAS THE CONSTITUTIONAL RIGHT NOT TO BE TAKEN TO COURT IN A PETITION THAT HAS GONE BEYOND THE STIPULATED 14 DAYS.IT IS HIS RIGHT AND MUST BE RESPECTED.IF YOU PEOPLE HAVE EVEN A SMALL AMOUNT OF SHAME , YOU COULD HAVE KEPT QUIET ABOUT THE BILL OF RIGHTS. HH WENT AROUND DENOUNCING THE REFERENDUM WHICH COULD HAVE EVEN GIVEN HIM GREATER, ENHANCED RIGHTS. AND TODAY YOU WANT TO CLAIM THAT YOU CAN LECTURE ME ON BILL OF RIGHTS? DO YOU EVEN KNOW WHICH PART OF THE CONSTITUTION TALKS ABOUT THE BILL OF RIGHTS?

      Chisenga
      September 28, 2016 at 11:57 am
      Reply

  18. The truth is even if it was heard and still dismissed UPND will not be satisfied. They will still cry foul. If UPND had real evidence by now they would have gone ballistic with it on the Watchdog and other perverted media houses. The fact that there is nothing means there is no evidence of rigging but mere mischief from a political party that is too embarrassed to accept defeat because their campaigns were based on lies and insults.

    At this point the last thing we want is to set constitutional precedents just to satisfy the massive ego of UPND because there will is more life beyond UPND. Move on.

    Mfumukadzi
    September 28, 2016 at 8:48 am
    Reply

  19. As long as Bob and all supporters of thieves are not God, we will pursue and recover. So that you stop stealing. If you were at peace you would not be following and making comments. But you are busy following and making comments. There is no peace to the wicked. Lungu yesterday was busy assuring his illegal ministers to work because they are all unsettled. You can never be free when you are a thief. The owner will get what rightfully belongs to him.

    Ninala
    September 28, 2016 at 9:08 am
    Reply

  20. Bane ma election issues r over.Let’s pliz move on

    Eddy
    September 28, 2016 at 9:35 am
    Reply

  21. There are some faint voices that have called for the publication of the Petition. That is the only way Zambians can see and learn what allegedly transpired.
    Mumba has good intentions but Begging Lungu to undercut himself and expose the election result that he stole is the height of naivety. Just publish the petition.

    Kingdom Hall
    September 28, 2016 at 9:44 am
    Reply

    • choose a different name sir,plz.

      joko
      September 28, 2016 at 8:36 pm
      Reply

  22. Please petition must be head for the sake of references in future. A good leader must listens from people whom leads.The other thing is the truth remains the truth, if the won the election they should not fear to allow the petition to be heard. The majority Zambians we want the petition to heard so that it clears our minds.The issue of saying ” election is over it is not helping any one as Zambians.It is good to listen from what people are saying and it will heal our nation.

    Kakompe DM
    September 28, 2016 at 11:21 am
    Reply

    • @Kakompe PLEASE NOTE THAT THE PETITION CAN ONLY BE HEARD IF YOU ARE WILLING TO SPEAK. BUT IF YOU CHOOSE TO REMAIN QUIET FOR 14 DAYS AND ONLY TALK ABOUT IRRELEVANCIES WHO WILL HEAR THE PETITION?

      Chisenga
      September 28, 2016 at 11:40 am
      Reply

  23. elc is the ‘best President’ to have ruled Zambia. Why?because every Jim and jack has become an interpreter of the constitution which elc signed.

    joko
    September 28, 2016 at 8:40 pm
    Reply

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