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UPND challenges ConCourt ruling in High Court

Filed under: Breaking News,Politics |
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Hakainde Hichilema casting his vote

Hakainde Hichilema casting his vote

In a new twist, the United Party for National Development (UPND) has challenged the Constitutional Court ruling in the High Court, which is an inferial court. According to the court documents seen by Zambian Eye, UPND legal counsel are suing Edgar Lungu, Inonge Wina, the Attorney General, the Electoral Commission and both the Chief Justice and Deputy Chief Justice.

They are challenging the decision by the constitutional court to overturn its earlier decision and further dismiss the petition.

The petition to the high court is by Hakainde Hichilema and his running mate in the election Geoffrey Bwalya Mwamba.

And UPND leader Hichilema has charged that Lungu’s inauguration is illegal.

Speaking to the BBC and monitored  by Zambian Eye, Hichilema announced his party’s intention to challenge the ruling.

“That is illegal (inauguration) it is against the constitution because we have not been heard. We are going to the High Court because as you may know in the so called ruling today, the president of the Constitutional Court objected to what the three judges did. She not alone, another judge Munalula also dismissed it that was mischievous,” Hichilema said.

He added: “The point is the president of the Constitutional Court has ridiculed what they tried to do today and she was not alone.”

Asked on the futility of his decision since the Constitutional Court decisions were not appealable he said: “The right to be heard is part of the Bill of Rights and because of the different interpretation of this 14 days hearing, and not determination the High Court has the jurisdiction to interpret that our fundamental right to be heart has been violated. The petition was not heard, they decided without being heard. It is like a murder accused today is sentenced today without being charged. That is what has happened today.”

Hichilema said the Constitutional Court was in a confused state having made several conflicting rulings during the hearing.

“The court is in a confused state, they basically put us in a constitutional crisis. By the way two days ago, a full bench of judges of the Constitutional Court ruled that the petition will commence on Monday (Today) and will run up to Thursday,” he said.

“The full bench of five judges ruled and then today we go to court, three judges appear in court and indicate that they have changed their minds and they have a contrary ruling and they are the majority. They cannot be the majority because the full bench on Friday and ruled that the petition commences today. The petition has already commenced, we have not been heard, and we have been denied the right to be heard.”

He said that the court should have shown direction over the conflict on the 14 days threshold that finally undid his court challenge.

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Start: 2019-07-01 End: 2019-07-31