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Chipenzi hails ConCourt decision

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FODEP Executive Director McDonald Chipenzie

McDonald Chipenzi

McDonald Chipenzi has commended the decision by the constitutional court to extend the of days for the hearing of the Presidential Petition, describing it as a positive step towards promoting Electoral Justice in Zambia.

The former Foundation for Democratic Process (FODEP) executive director says the Constitutional Court exhibited a rare trait of responsiveness by exercising its responsibility and judgement correctly in interpreting the start and end of the 14 days provided for in the constitution.

“The Court’s quick realization and guidance on the trial period helped prevent, what would have been called an assault on electoral justice in the country,” Chipenzi said in a statement.

“Had the court insisted on trying, concluding and passing judgement on the presidential petition on the same day, then, it could have meant the snapping of the only ray of hope many citizens who feel aggrieved with the outcome of the 2016 general elections deposited in the Court.

“The extension of the time which came against some strong opposing legal current, will now accord the petitioners and respondents enough time to argue their case before the constitution court can make the judgement.”

Chipenzi observed that this being a crucial process of peaceful resolution of electoral disputes and being the first of its kind since 2001, due diligence is required to arrive a judgement that may satisfy majority citizens

He said it is the expectation of every citizen that the Constitutional Court will dispense justice fairly and freely to both the aggrieved and the defendants without fear or favour.

He called on Zambians to remain united, peaceful and expectant as the court deals with the petition.

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13 Responses to Chipenzi hails ConCourt decision

  1. Very true. The petition trial is to commence in 14 days. There is no where it says it must be concluded in 14 days. Further, why did ECZ delay the results when they were obligated to announce 48 hours. Why didn’t Lungu vacate office prior to trial? What is he so scared of losing power? Further, Lungu is not president of Zambia until the petition is concluded.

    chama
    September 3, 2016 at 11:18 pm
    Reply

    • It’s surprising that people will support wrong things just because it suits them. An abrogation of the constitution should never be celebrated even if it’s in your favour.

      Lungu signed the constitution into law, but it was proposed by the Zambian people including Mr Chipenzi & his Fodep, & passed by the people’s representatives in Parliament.

      Yes it is not perfect, & must be streamlined as flaws, conflicts & lacunas are encountered.

      To answer your questions:

      1. The 14days was prescribed to avoid the case taking forever like it Did before. If there’s no time limit, then you have no government for an infinite time. That’s bad governance.

      2. There’s a standoff on the articles relating to the petition with regard to the first ballot 101, & second ballot 103 which the courts need to give direction. If they say article 103 is the relevant one, that’s when Lungu can vacate office since 101 is silent about it.

      3. Lungu is still incumbent president according to article 106.

      4. To HEAR must mean start & conclude for it to make sense.

      5. The petitioners had 14 days to raise their strongest case, but they wasted time. In fact, their submissions were found wanting as they did not attach the evidence within the stipulated seven days.

      Finally, despite the court extending the time past the stipulated time, it would be good to allow hearing to proceed, although I doubt it will hold at law.

      If the Petitioners have any strong evidence, they have only themselves to blame. It’s like benching your best players until the last quarter of the game when you’re already behind by several goals. It rarely works…

      D'Kap
      September 4, 2016 at 5:08 am
      Reply

      • IT’S LUNGU WHO.HAS ABROGATED THE CONSTITUTION HE SIGNED. HE HAS REFUSED TO STEP DOWN AS PER PROVISION 104 (3). HE HAS ACTUALLY COMMITTED TREASON. AGAIN IT’S HIS LAWYERS WHO DELAYED THE PROCESS BY RAISING UNNECESSARY TECHNICALITIES. IT’S LUNGU WHO HAS CORRUPTED SOME JUDGES TO ILLEGALLY WIN THE CASE. YOUR ARGUMENT IS VOID. YOUR LUNGU AND PF HAVE PROVED TO IRRESPONSIBLE AND NOT FIT TO BE LEADERS.

        MANOMAMBULWA
        September 4, 2016 at 7:17 am
        Reply

  2. The problem with these pf idiots,they want short cuts. When the con court was seem to be on there side, then we’re there friends. But now when they are doing a fair game they have enemies. What are you afraid of if you won straight. let the court to there work fairly. Lungu surprises me as if he is not a lawyer the way he acts. Just bring your defense if you are saying you won.

    futureeye
    September 4, 2016 at 12:16 am
    Reply

  3. Rlungu, is half baked lawyer . I think, alcohol , has taken his thinking. He is a sick person, people forgive him

    Chomba Mutale
    September 4, 2016 at 2:28 am
    Reply

  4. Lungu is terrified of open contest and analysis – a sign he (and his minions) have plenty to hide that will not stand up to scrutiny. Why block the process rather than prove to all you really won fairly?

    Ulemona
    September 4, 2016 at 3:05 am
    Reply

  5. ….and u think your god hh wil win …

    chagwa
    September 4, 2016 at 4:31 am
    Reply

  6. Chipenzi is too tonga tinted to make a fair statement

    Dudumwezi
    September 4, 2016 at 4:32 am
    Reply

  7. Upnd with a mushipe like solid case

    Mushipe li hule
    September 4, 2016 at 4:34 am
    Reply

  8. You are being diplomatic in yo article. The fact of the matter is that the judges mishandled the proceedings. How where they going to make judgement without hearing. Judgement of the Con court should be of substance not like magistrates court ruling.

    muntu
    September 4, 2016 at 4:53 am
    Reply

  9. Pf idiots are leasy criminals who want shortcut nowounder they support a fellow criminal lungu who doesn’t want straight forward processes, he doesn’t respect the law. but guys God is in control he will handle the whole process.

    Pf nimbwa
    September 4, 2016 at 4:57 am
    Reply

  10. You who is always thinking of causing confusion, you never know who dies or gets injured in that confusion. It might be you. Where is Sadam Hussein, Gaddafi, just to mention but a few. Let the court do its job peacefully. We will accept any outcome as long as it reflects true justice. So no one should seem to punic.

    PM
    September 4, 2016 at 5:46 am
    Reply

  11. House for sale in Mazabuka.For details, call: 0962004829

    General
    September 4, 2016 at 9:10 am
    Reply

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