Constitutional Court dismisses petition against election of President Edgar Chagwa Lungu

THE Presidential Petition challenging the re-election of President Edgar Lungu has been dismissed by the Constitutional Court.

In a decision of 3-2 majority Judgement, the Court stated that any sitting beyond the 14days stipulated by the Constitution was going to be a nullity as the Court could not sit and hear a case outside the provisions of the Constitution and it’s own rules and regulations.

The Court cited Article 101(5), 103 (2) and 269 (a)&(d)as their authorities.

The Court stated that the mandate and Jurisdiction of the Court to hear the matter ended on Friday and the only time the Court had beyond Friday the 2nd September 2016, was to only make a determination.

The Court blamed the petitioners lawyers for wasting valuable time allocated by the Constitution which was used to bring prelimanary issues.

And the Court has stated that all rulings done by a single Judge was representative and the Rulings made by Judge Ann Sitali had made rulings on behalf of the Court and her sittings were merely the face of the Court.

And the Court has directed the proffessional misconduct and misbehaviour of Martha Mushipe on Friday night should be a subject of proffessional misconduct.

Judge Palan Mulonda, Judge Mungeni Mulenga and Judge Ann Sitali split the decision with Judge Hildah Chibomba and Judge Prof.Margaret Munalula dissented.

And Enoch Mulembe recused himself.

On Friday, Judge President of the Court Hildah Chibomba directed that despite the limits placed by the Constitution and it’s own rules, the Petitioner needed to be heard.

She allocated the matter two days to each side.

But when the Court retired to Chambers, this matter was subject to determination as the Court recognised that the fresh directives coupd pose a constitutional challenge.

The Court recognised that they could not operate outside the law.

Cabinet Office is now expected to announce the date of inauguration