UPND wants the matter to be heard by the High Court

LAWYERS representing UPND leader Hakainde Hichilema and his running mate Geoffrey Bwalya Mwamba have applied the Constitutional Court to refer the contention over the fourteen (14) days to the High Court.

The Petitioners want this issue to be determined by the High Court.

“It is our contention that matters relating to the Bill of Rights (the Right to be heard), this court is subordinate to the High Court and hence the jurisdiction to determine the question that has been raised”.

In their notice of motion pursuant to Article 128 of the Constitution the lawyers are disasstified with the direction given by the Constitutional Court that the hearing of the Election Petition challenging the re-election of President Edgar Lungu will end at 23:59 on Friday 2nd September 2016.

The lawyers contend that if applied, this will deny their client their fundamental and constitutional Right to be heard.

It is for this reason that they have applied to the High Court to determine the limits placed by the Constitution.

The application also makes claims that the Constitutional Court has no jurisdiction over matters of the Bill of Rights.

“In line with the provisions of Article 28 of the Constitution, the Petitioners pray that this question be remitted to the High Court for determination since the Constitutional Court lacks jurisdiction to do so”.