September 7, 2016

HH Asks Court To Stop Lungus Inauguration

United Party for National Development(UPND) president Hakainde Hichilema and his running mate Godfrey Mwamba have asked the high court to stop the swearing in of president Edgar Lungu and vice president elect Inonge Wina following the Dismissal of the presidential election petition in the constitution court for lack of Jurisdiction.

According to an ex parte order for interim relief, Mr Hichilema and Mr Mwamba have also asked the high court to stay the decision of the Constitutional Court to dismiss the petition for lack of jurisdiction and the prosecution.
� It is hereby ordered that the pending determination of this application� the conservatory orders do and hereby issued: restraining the fifth respondents(chief justice) from swearing in the first and the second respondent and the offices of the president and vice-president of Zambia, respectively,� part of the order reads.
According to the petition filed in the High Court, Mr Hichilema and Mr Mwamba want the high court to order the Constitution Court to hear and determine the petition� independently, fairly and within reasonable time in line with provision of article 18 (9) of the constitution of Zambia.
Mr Hichilema and Mr Mwamba want an order that the Constitutional Courts interpretation that it shall hear and election petition relating to the president elect within 14 days of filing the petition is ultra vires article 18 (9) of the constition and hence null and void.
They also want an order that the decision of the Constitutional court to state that Mr hichilema and Mr Mwamba had up to midnight on September 2 this year, in which to prosecute the petition, was ultra vires to the said law.
On Monday, the Constitutional Court threw out the presidential election petition for lack of jusridscation and the failure by Mr Hichilema and Mr Mwamba through their lawyers to represent the case.

The court ruled that the time in which to hear and determine the petition in accordance with the law has lapsed; therefore there was no petition to be heard.