WHAT TUTWA WILL & CAN NOT TELL YOU, I WILL ALWAYS.
COURT OF APPEALS DISMISSES APPLICATION BY MALANJI, LUSAMBO CHALLENGING THE JURISDICTION OF THE COURT TO HEAR ELECTION APPEALS FROM THE HIGH COURT
COURT OF APPEAL Judge K Muzenga has dismissed application for want of merit by Lusambo and Malanji.
On 16 Sept, 2022, the Court of Appeal granted a Stay of Proceedings in the High Court pending an ex-parte hearing on 22 Sept 2022.
The duo’s lawyers who include TUTWA challenged the stay on 17 Sept and argued that the Court of Appeal had no Jurisdiction to hear an election appeal from the High Court.
I have guided my friend Tutwa and his followers that the Court of Appeal had jurisdiction to hear appeals from High Court and I did quote authorities in the law but they denied the truth and glorified themselves in untruths.
A civic teacher is always a reader and abreast with law and current affairs hence the civic education curriculum anywhere has a part on constitutional matters. Despise civic education at your own embarrassment and legal peril.
Back to the isssue at hand which Tutwa failed to tell his followers is However that, Judge Muzenga guided that he had carefully considered the application by the respondents (Malanji & Lusambo) for him to set aside the ex-parte order staying proceedings in the High Court which he granted on 16th September, 2022, the arguments by Counsel and the affidavit in support of the application.
I am of the considered view, however, that, even if Article 52(4) of the Constitution does not state to which Court an appeal lies by a dissatisfied party, the hierarchy of the Court system In this country Is clear, argues Judge Muzenga.
The High Court is not and has never been a final appellate court In the country. Not even the Court of Appeal, he guided Tutwa and Team.
The Judge referred Tutwa and Team to Article 131 of the Constitution [which] clearly clothes or donates to the Court of Appeal jurisdiction to hear appeals from the High Court; other Courts, except for matters under the exclusive jurisdiction of the Constitutional Court, and quasl•judiclal bodies, except a local government elections tribunal.
A bowshell from the Judge was, therefore, dropped which silenced Tutwa and Team
JUDGE K MUZENGA retorted;
I hold a firm view that since the Constitutional Court stated that It was not jurisdiction to handle appeals from matters under 52( 4) of the Constitution, the matters under Article 52( 4), thus fall within the ambit of appeals from the High Court as provided under 131(1) of the Constitution and thus the Court of Appeal wields jurisdiction to determine appeals herein.
JUDGE MUZENGA FURTHER GUIDED, Iam of the firm view that this matter is properly before this Court and thus has jurisdiction to deal with it.from the High Court as provided under 131(1) of the Constitution and thus the Court of Appeal wields jurisdiction to determine appeals herein. I am of the firm view that this matter is properly before this Court and thus has jurisdiction to deal with it.
In refusing to agree with Tutwa and Team, Judge K Muzenga stated, As a result of the foregoing, I decline to set aside a stay I issued on 16th September, 2022. It will remain in force until further order of the Court.
For avoidance of doubt, I decline to grant the application for want of merit.
COURT RISE
I submit
McDonald Chipenzi