The ConCourt has just ruled that the proceedings in the High Court granting a stay of the elections in Kabushi and Kwacha are a nullity as the 21 days period within which to challenge eligibility of candidates has lapsed. They have equally ruled that the proceedings in the Court of Appeal (where this PF propaganda was being channeled from) are equally a nullity. The elections will now go ahead minus any hindrance as planned.
The Constitution Court has ruled that upon the lapse of 21 days set for the High Court to hear and determine a court challenge to nominations, proceedings and all orders made by the Court ceased to have any force.
This is in the matter in which Kabushi UPND aspiring candidate Bernard Kanengo was seeking an interpretation of whether the 21 days prescribed to hear matters of nominations can be stayed or extended.
In his matter, Kanengo cited the Attorney General and ECZ as respondents seeking a determination of whether pursuant to Article 52 (4) of the Constitution, the prescribed 21 days period set for the High Court to hear the matter can be extended.
On 18th October, 2022, the Constitutional Court stated that ECZ couldn’t hold fresh nominations as the orders of the High Court to hold the elections was in force.
This morning the Appeals Court also ruled that any election held in light of the Court Order will be illegal.
However the Constitutional Court has ruled that the proceedings of the High Court have lapsed as the 21 day period has expired.
