ConCourt to determine whether Lungu must cede power to Speaker

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President Lungu

President Lungu

The matter in which the UPND has sued President-elect Edgar Lungu and Speaker of the National Assembly, Dr. Patrick Matibini comes up for ruling at the Constitutional Court today.

The UPND wants President Lungu to hand over the instruments of power to the Speaker of the National Assembly following its petitioning of the Presidential results.

And the Court is yet to determine the interpretation of the 14 days in which the petition should be heard in the Constitutional Court.
This follows the argument by lawyers representing President Edgar Lungu that the 14 days in which the Petition should be heard will expire on Friday this week.

The UPND lawyers, on the other hand are contending that the 14 days will end next Thursday on 8th September 2016 if weekends are excluded.

The UPND argue that the Court should consider 14 working days instead of the ordinary 14 days.

And the main hearing in the petition case is expected to start this Friday.

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24 Responses to ConCourt to determine whether Lungu must cede power to Speaker

  1. Isasa kuchijanya, surely the two rulings today should be in favour of upnd ie Lungu out, enter speaker and then 14 days excluding weekends thus case closes Thur next week.

    If not….then there is absolutely no hope for Zambia because it will show that pf has corrupted almost every institute in the nation.

    Hammer
    September 1, 2016 at 7:12 am
    Reply

    • Wait a minute!

      These petitions must be done because it makes sense and there is reasonable cause.

      You don’t petition merely because you have a right, and so you must look for a reason to use your right.

      You are supposed to petition because you have a genuine reason that should call for the use of your right. Not the use a right hunting for supporting reasons.

      It actually reminds me of the woman in the Bible who slept on her child, waking up to find the child had died. On realising she had lost her child she decided to claim her friend’s child.

      She was even courageous to take the matter to court – i.e. to Solmon, to try and use falsehood to get the friend’s child.

      From the way the two were talking Solomon knew who the owner was;

      that the one who had lost the child was using falsehood to claim the child that was not hers.

      But in the interest of transparency and fairness Solomon allowed the court proceedings to go on.

      Through an incredible, landmark trial Solomon laid bare the hypocrisy and falsehood of this deceitful woman,

      who thought she could steal the friend’s child through the court of law (Solomon the king).

      She says, “yes cut the child so that we both lose” oh! Now am even reminded of the referendum, “..don’t vote for it so that it fails, we see if they will succeed. ”

      But alas, after that wisdom-filled trial she was not only disappointed but also embarrassed as the child was handed back to the right owner.

      Lessons that have clearly been documented keep on being ignored as history keeps repeating itself. It’s like people what to learn the lessons for themselves.

      What a shame!!

      Peace for Zambia
      September 1, 2016 at 9:10 am
      Reply

      • From your narrative,I have learned that someone new that he has lost even before the elections,hence campaigning for the referendum to fail.And on the cutting of the child,its wishing for armageddon when he is not elected president.Have I got you right?

        khushon
        September 1, 2016 at 11:46 am
        Reply

  2. Kaya!

    king solomon
    September 1, 2016 at 7:21 am
    Reply

  3. Hammer, you are correct if nothing goes in the right way then we are in maningi trouble. We will all like wise perish under lungu. Imagine the case to end tomorrow when it will just be starting. Zambia has no laws. Worthless to live in this country.

    Mike
    September 1, 2016 at 7:30 am
    Reply

  4. It will be 1 ~ 1. ECL remains in State House and case ende today next week. Fair. Isn’t it.

    The Laughing Philosopher
    September 1, 2016 at 7:45 am
    Reply

    • We have to get both rulings in our favour to equalise 2-2 bcz pf celebrated their 2-0 win with ysd”s ruling.

      Hammer
      September 1, 2016 at 8:46 am
      Reply

      • hammer
        even football doesn’t always go like that that’s why teams lose 6-0. it might be more if you take poker players to football contest and you start teaching them as they are playing.

        dishammer
        September 2, 2016 at 4:59 am
        Reply

  5. Five ago we were debating of qualifications of a presidential candidates. A degree was so much talked about. After sata a proper degree holder and not just any degree but in law took over. People where are we if I may ask? Has it got something to do with education? Are all so called leaders the same? Surely can lawyers be relied upon? Ecz,pf presidential candidate, concourt are all lawyers. Please can someone say something.

    mungwala
    September 1, 2016 at 7:53 am
    Reply

  6. It is very important and crucial that concourt orders Lungu to step aside. If not, there is no hope for a country where the judiciary is weak and compromised. Lungu will disband this court if they play in his hands. This is a decision the courts must make in the interest of the country and every learned and real lawyer would side with the truth.

    Wise
    September 1, 2016 at 8:07 am
    Reply

    • ‘In the interest of the country?’ NO! But according to the countries constitution. Not even in the interest of PF or UPND. All we need to do is to have faith in our judges. Am not a lawyer but I know that clear cut cases are lost in court on technicality merely. So let us prepare ourselves for the the out come. Let each party prepare congratulatory remarks to the winner.

      Gms
      September 2, 2016 at 6:52 am
      Reply

  7. this country is corruption maybe the judges ar already corrupted who knows.just wait and see.

    kevin
    September 1, 2016 at 8:47 am
    Reply

    • kaya ukamipingula uwachishinka. pantu you are the only righteous ones. We will just wait for jesus to change you.

      dishammer
      September 2, 2016 at 5:14 am
      Reply

  8. This is what I have said before. The period is now left to various interpretations, which should not be the case. If I may join as one of the various interpreters, my humble understanding of fourteen days is calendar days. My interpretation is firstly based on the fact that the constitution is silent on whether the period excludes or includes weekends. Secondly, this petition is too important to be left to stagger for long periods. As can be seen, already three weeks have passed without a government. Where have you seen a situation like this? In America, it is by constitutional order that elections take place in November and the president-elect assumes office in January. This is in order to allow for a smooth transfer of power. In our case, it is all messy and we do not know what will happen after the judgment is passed. The whole country is on its tenterhooks and fully charged with anxiety.

    M.M.
    September 1, 2016 at 8:54 am
    Reply

  9. Surely Concourt cannot pass a judgment tumoro b4 trial. It follows therefore the 14 working day scenario is more feasible and logical.That the Speaker should be Acting President during the Petetion Transition is as clear as water. If 8th Sept is the deadline then Concourt should consider working during the week end to expedite matters. Perhaps 14 days should start on 1st Day of hearing. Concourt is constructing a Template of how future Petitions will be handled so they need to give themselves enough time to arrive at their Historical Judgment. Concourt can’t do this while Lungu is masquerading as Executive President of Zambia and interfering in Petetion Processes. Dr Matibini should be sworn in as Acting President without further delay. Concourt should not tolerate anymore interference from Lungu.Period.

    Zulu
    September 1, 2016 at 8:55 am
    Reply

    • All time we think ECL is interfering. When the courts ruled against ECL on the ministers remaining in office, then he was not interfering. We seem to be concluding on matters before the courts. We also seem to be winning a football game before playing. This is bad. What if you play and you don’t score, naturally you feel frustrated to the point may breaking down. That is what we have seen in football. All we need to do is encourage our judges to interpret the itconstitution correctly as written because that is the only yardstick of measure. Don’t count the chicks before they hatch.

      Gms
      September 2, 2016 at 7:16 am
      Reply

      • But the ruling was meaningless considering that the said illegal ministers were in office for the full 3 months – even this one on Lungu, of what use?

        Dox
        September 2, 2016 at 2:07 pm
        Reply

  10. Problem with zedians you think politics to be equivalent to soccer.& my problem has been to assume that god is all knowing & that Jesus & judges are incorruptible.

    SOVEREIGN
    September 1, 2016 at 9:15 am
    Reply

  11. God will save Zambia. Only time will tell

    Mainza
    September 1, 2016 at 9:46 am
    Reply

  12. We are blessed under the leadership of ECL 2016,and No one will get the instruments of power from him , not untill 2026,if you are not happy that he is your President go to another country and leave us in peace..

    sinx
    September 1, 2016 at 10:26 am
    Reply

    • It Is Our Saddness To Have Anne M Sitali Being One Of Concourt Judges. It Is Very Clear That The Woman Is Not Ready To Serve Zambians But Lungu, And Reserve Contructs For The Hasband. Please UPND Lawyers We Can Understand All Objections You Making Against The Impartial Woman, And We Only Hope On Your Confidence Onto The Constitution And Rule Of Law. Please (UPND Lawyers) Do Your Best To Serve Zambians. God Of Abraham Shall Lead You, He Will Not Let Us Dieing In Lungu And Anne Sitali Mwewa ‘s Hands. God Bless You On Your Way To Rescue Zambians.

      Gigs
      September 1, 2016 at 8:43 pm
      Reply

  13. Good and sober citizens of this nation. First what are u looking at when u coment on issues. sometimes put your loyalt to yr party or individual aside and try to follow matters as they are,try to learnsomething, try to read on your own. let me start with the 14days period of the petition.
    1. If the law has sterted that the 14 days starts to count from the day the petition is successfully filed in, why should start imagining that weekends should be excluded when there is no where where it is written. This is day dreaming. eg If the election are nullified and we are headed for re-lection and the constitution says that it had to beheld withing 30 days, are weekends going to be excluded?
    2. The president should hand over power to the speaker of nationa assembly. From my understanding after reading the constitution, the law is not clear because it says that (a) if the election of the president elect is pertioned the incumbert will not hand over power untill the election are detemined. But it also says that in (b) In case of a rerun and the incumbert wins and the opposition petition his electionsm, the incumbrt will handover power to the Speaker of the national assembly.

    My understanding is that there was no rerun. Incumbert should continuel
    and 14 days expires tommorow because it is not written any where that weekends will be excluded.Remember we are not using opinions butwhat is written

    Deco
    September 1, 2016 at 1:27 pm
    Reply

    • Deco you are right. Not from your opinion’s views, but from the constitution’s writings. That is what every body needs to follow. Not your learned views or mine

      Gms
      September 2, 2016 at 7:37 am
      Reply

  14. It is impossible for the constitutional Court to close the case tomorrow when they were not working during weekends.What everybody should understand is that all Government workers do not work on weekends.Even when you get leave, weekends are not counted.Why should there be any debate on this issue.Please finish this case nicely or else you bring problems to this Nation.

    Blackie62
    September 1, 2016 at 4:36 pm
    Reply

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