DECISION
Matter sent to a full trial before a single Judge of the Constitutional Court so that it can be appealed to
We have heard the argument from both sides.
This is to give a clear basis.
We have considered rules and supreme court regulations and the whitebook.
The white book provides especially14(a) provides for determination of the matter.
The court may upon, on the basis of the application or on its own, that such a question is suitable for determination without trial.
The entire cause or issue therein,
In the present case, the petioner has raised four questions.
Without delving into the merit of the case.
The same issues are the same issues raised in defence.
That the petitioner had an opportunity to present his case before the matter previously.
That this court should embrace the princiole of finality.
That this court thoroughly review of the law.
We have set out the issues raised in the defence are the same issues raised in defence.
While the court has power to determine any question of law.
The court may only do so if the question is up for determination without full trial of the matter.
The court will not do so if the matter require trial.
Under the summary procedure in the white book.
Given the contentious case, the issues raised in the petitin are not suitable for allowed to be addressed at rual
Motion dismissed
ECL Eligibility case sent to full trial before a single judge
Dog chasing its tail…..
Mulenga, Absolutely not, but patriotic citizens chasing PF Law breakers. The Concourt is there to cleanse PF Lawlessness against the Zambian Constitution. Voted twice, sworn in twice and held office twice ba Edgar Lungu abo. Chapwa manje chiseko chavalika!
Ba learned, simplify for us, Sent to full trial before a single judge. Will this now be final for the fourth time or the final is yet to come? Suppose the ruling comes out that indeed ECL was not eligible to stand in the 2021 can someone petition that the elections were null and void?
How can they be null and void? Even with ECL being on the 2021 ballots, HH garnered 59% of the total votes. Besides there were several other , I think 16, candidates that participated. I think ECL should just give up, the odds are clearly against him.
You know the UPND judiciary will never rule against the government!
Ask Michelo Hansungule.
Judicial ping pong….I knew there will be a chidunu judgement, vague words sounding like a ruling…to whom it may concern judgement now sent to a High Court Judge…Chocho Situmbeko, Siloka and the like on the menu .
In simple words what this means is that the Concourt has washed it’s hands off it’s original Judgement. It has given a high court judge authority to hear the evidence.. conduct another trial! offcourse the defense will again tell the high court judge of the finality of the Concourt decision…and the points of argument are constitutional, under the jurisdiction of the constitutional court…and will appeal to the same Concourt for interpretation of constitutional issues. This is not under the jurisdiction of Chocho Situmbeko , Siloka and the like..seems like a do loop!
A single judge of the constitutional court!! Why ?
Why not the full bench???????????
Nipa Zambia. Each administration with its Constitutional Court Judges. Bwafya.
Kkkkk. This is a Kangaroo set up. I don’t know who brought up and set the said Con court. In the first place of this Court were only 5 Judges. I remember John Sangwa state counsel saying some on the panel were not qualified as if it was a joke, two sided against and three PF right chosen Judges hammered the ruling hence we found ECL on all. The only right way to do the correct reading way to resolve this is issue is the voters. Voters are more intelligent than Judges. They voted ECL out because they knew that
1. He was voted in twice and sworn in twice
2. 2021 he stood illegally and ECZ had no teeth to bite.
3. ECL was a dictator – connived the court to denying 2016 results of elections to be heard.
NB: I don’t know where that kind of a case could be blocked when other cases take many years without to be heard and then tried at last. This is bad law created by PF.
I would prefer to say that the judges in this kangaroo court are spineless, starting from the 2016 fiasco where the main matter was not heard due to technicalities, how they keep on procrastinating on major issues instead of pronouncing themselves and now this ECL matter which has come to them for the fourth time now! I think they always check which side of their bread is buttered before opening their mouths even just slightly. It is difficult to make the Legislature independent from the executive because of the inherent weaknesses in this type of democracy but I think judiciary has also joined the bandwagon of tidyenabo; they know at the back of their minds who has a big whip to drive them out of their offices. We are in maningi trouble.
Welokom
Okay.
The Constitutional Court ruling in 2021 was dubious to say the least. They focus on defining what a term is and completely ignored what the other clauses of having held office twice and having been sworn in twice.
The Constitutional Court handed Mr. Lungu a third term attempt but thank God we, the voters, had the final say and inspite of concerted efforts by the PF to rig the elections, Mr. Lungu was shown the exit door.
So this illegality of the third term does not affect the state enterprise because the illegal candidate lost the elections anyway.
PF thrive on lawlessness.