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Trial underway in the presidential petition

Filed under: Breaking News,Politics |
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Supreme court

Supreme court

Presidential election petition trial is underway in the Constitutional Court, one of the major cases facing the country’s highest court.

The Constitutional Court is now in session after exhausting all preliminary and pending matters in the run up to the trial and the full bench has ruled that today is the 14th day in a matter challenging the election of incumbent President Edgar Chagwa Lungu and his running-mate Inonge Mutukwa Wina.

The suit brought before it by opposition United Party for National Development (UPND) leader Hakainde Hichilema and his running-mate Geoffrey Bwalya Mwamba in the August 11th Presidential election seeks to have the result annulled citing electoral malpractice.

The Petitioners who principally petitioned the court under Article 103(1) of the Constitution are bound by the limitation of 14 days indicated in Article 103(2) of the Constitution in which they were to be heard after a 7 day deadline to file a petition.

The last 13 days have mostly dealt with preliminary issues raised by the legal team of the Petitioners which included an application to amend the original petition filed on time and also obtain an interim Preservation Order seeking that the court holds the ballots and election material of the poll in its custody for fear of evidence tampering by the Electoral Commission of Zambia.

Both these efforts were denied and thrown out by the court.

This morning, the full bench of the Constitutional Court sat to make a ruling on the whether the 14 days ends today or next week as prayed by the petitioners and whether the matter bordered on the Bill of Rights whose jurisdiction lay in the High Court in accordance with Article 128.

The Constitutional Court has thrown out the application to refer the matter for interpretation to the High Court and the Petition trial has commenced and must be determined by 23:45 Hours tonight.

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13 Responses to Trial underway in the presidential petition

  1. House for sale in mazabuka. For more details, call: 0962004829

    General
    September 2, 2016 at 11:17 am
    Reply

  2. Dununa Dununa Iweee Ayeeee Dununa Iweee Dununa Reverse. Ababambi Balimuchebe, Bola Naikosa…….Lolololololololololo

    Ingombe Iledee
    September 2, 2016 at 11:18 am
    Reply

    • Before 24:00 hrs today some people will celebrate and some people will cry due to ConCourt judgement. I am part of those who will be happy of the out come (whether in favour of PF or UPND) because i want the country to move forward.

      We have to be selfless brethren.

      Potential UPND Supporter
      September 2, 2016 at 12:20 pm
      Reply

      • Being selfless does not mean not exercising your rights. That’s why Zambians are so docile. You’re talking of moving forward when your rights and votes are being trampled upon by Lungu’s minions.
        Fight for rights and for your votes. Nothing comes easy – some people fought for your freedoms by sacrificing their lives. Who do you think will fight for your grandchildren’s future if not you.
        You want the country to move fwd but where exactly? Use your brains not your Ar.se mother fu.cker!

        Chilyata
        September 2, 2016 at 1:04 pm
        Reply

  3. 23;45 Konse uko its too far. we cant wait to shut these ….. up and fat Albert

    JB
    September 2, 2016 at 11:58 am
    Reply

  4. The Concourt is found wanting in this matter. This should have been ground rules at the beginning of the petition. Three issues were supposed to be part of the ground rules at the beginning of the petition:

    1) Time of the petition
    2) EL stepping down
    3) Period of the hearing/trial

    If 14 days has expired, does not mean it gives an advantage to EL? On what basis? Ruling on technicality rather than evidence is not a good way of dispensing justice.

    Surely these judges can they make a serious and objective decision of petition magnitude in a trial of few hours? I find this to be a joke and lack of seriousness. What it tells me is that the decision was made even before filing the petition. What is happening is just an academic exercise.

    Muntu
    September 2, 2016 at 12:17 pm
    Reply

  5. bukuba mwanaha sa Zambia ..alot of oolishness..14 days elapses next week..period..!!!!!!

    intelligence
    September 2, 2016 at 12:24 pm
    Reply

  6. When it comes to law what we think is evidence can turn out to be useless in five seconds, then you panic and ask for more time. Remember what we did to the referendum? The Bill of Rights that never happened is now biting the petitioners?

    justice butler
    September 2, 2016 at 12:45 pm
    Reply

  7. Let a learner pick up lessons from this ordeal that when a country rejects you do not use unscrupulous method to ascend to the helm of leadership.You can do this among your tribe mates but Zambia is made up of 73tribes and non of these is superior to the other.This is a fight to abolish tribalism. ..People like Sakibwa sikota who everyone expected to be at the helm of UPND where hounded out of the thrown yet these are the people that fought tireless to make UPND what it is to taday….Putting somebody on helm just becoz the deceased is the nephew to the Incumbent is a crime and should be rejected. However,HH will go down in zbia history as the most experience politician in loosing election.If you want the simplest thing to do in politics HH provides lessons for you for he is a specialist in lossing

    Patrick
    September 2, 2016 at 1:25 pm
    Reply

    • It’s not funny.

      Pretty
      September 2, 2016 at 1:51 pm
      Reply

    • Foolish,
      After stealing votes in day lights! Are you happy that courts of law are lawless? Are you so dull that PF have damaged economy? as they found Kwacha at to Dollar at 4.20.

      janza kumbele
      September 2, 2016 at 3:47 pm
      Reply

    • Mokongo wanyoko.

      Gwembe
      September 2, 2016 at 4:40 pm
      Reply

  8. Never imagined that our country could come down to such ridiculous levels.

    Chama Chilenga
    September 2, 2016 at 3:42 pm
    Reply

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