August 25, 2016

ConCourt finally commences sittings, adjourns to Friday

The Constitutional Court has finally commenced the Preliminary sittings prior to the hearing of the petition. This is in case where the United Party for National Development UPND leader Hakainde Hichilema and his running mate Geoffrey Mwamba are challenging the declaration of Edgar Lungu and Inonge Wina as the President-elect and Vice President-elect of the Republic of Zambia respectively.�

The matter which came up in the Judges Chambers excluded the media and other Non Governmental Organizations (NGOs) who had camped outside the supreme court grounds waiting for an outcome.

The Attorney General Likando Kalaluka, who earlier this week applied to be joined in the matter, was this morning part of the sitting.

Kalaluka who is a Government lawyer however left without speaking to the meda.

Meanwhile counsels representing both the petitioners and respondents have refused to grant any media house an interview regarding the preliminary sitting.

When asked for comment, UPND legal counsel Jack Mwiimbu and John Sangwa separately refused to give an interview to the media and only said the matter will come up tomorrow, Friday August 26th 2016.

And PF legal counsel Sakwiba Sikota said his team has presented the arguments and the petitioners are responding but could not give any details as he was barred by the court to speak to the media.

But according to a source within the court the matter came up as scheduled today at 10:00 hours� and the Court has asked the respondents to file their answers and related document by 30th August 2016. The court also allegedly asked that only witness statements the respondents should concentrate on the issues which� were filed together with the petition. That means that the last Preliminary Issues between both parties are before considered before the matter can finally commence with witnesses.
Ealier Legal team representing President Elect Edgar Lungu had applied for the� dismissal of the petition for lack of evidence and merit.According to court papers filed by his lawyers� as preliminary issues,� Lungu has requested that the Petition be dismissed for relying on wrong articles of the Constitution and for lacking merit.

The lawyers have also requested the Court to remove from the records various portions from the UPND petition which they contend were wrongly and irregularly included in the Petition.These irregularities mentioned range from matters filed, but are deemed to be above or are outside the jurisdiction of the Concourt, to petitioning under a wrong article 103 instead of 101.

The Court is expected to hear the preliminary issues before proceeding to hear the main Petition within 14 days.

President Edgar Lungu is represented by Ellis& Company, Prof. Mvunga, Eric Silwamba, Jalasi& Linyama, and Central Chambers.

The matter comes up tomorrow at 10:00hrs for Preliminary Issues.