KABUSHI, KWACHA SEATS HANGS IN BALANCE, IT CREATED A CONSTITUTIONAL CRISIS- HON CHISANGA
…………Concerned that five Judges have recused themselves from hearing Malanji, Lusambo appeal case.
LUSAKA……….FRIDAY, OCTOBER 13, 2023[SMART EAGLES]
Patriotic Front Chairman Legal Hon George Chisanga is concerned over the decision by five Constitutional Court Judges to recuse themselves from hearing the Kwacha and Kabushi appeal case.
In this matter, the Kabushi and Kwacha Parliamentary seats have been petitioned after a judgement by the Constitutional Court that Hon. Bowman Lusambo and Hon. Joseph Malanji were eligible to recontest the election but were instead barred by the Electoral Commission of Zambia.
Addressing the media in Lusaka today, Hon Chisanga said the country is now faced with a crisis the court is asked to make a similar decision.
He said when a matter is determined in the courts of law, it sets a precedence.
He is of the view that the judges should not have recused themselves but rather returned and reprononunced themselves on the basis of consistency, Judicial precedence and for the sake of justice..
“We don’t want to apportion any blame on the judges but register our concern because justice is only justice if it finds vigilantes who are prepared to entrench it as a system. We respect the fact that these judges may possibly be the ones that sat in the previous case between Hon Lusambo and Malanji and the state, and made a decision these two individuals were eligible to recontest the elections. They find their hands tied to be asked to reconsider the same case they had made the decision. This is why we said Government must be seen to be in the forefront to ensure that the law is respected,” he said.
Meanwhile, Hon Chisanga said the matter has returned to court because there is need for certainty in the law.
He said the appeal has arrived in court arising from the misdeeds of the UPND Government.
Hon Chisanga explained He said the election of two individuals hangs in balance because it created a constitutional crisis.
“The court decided that they were eligible to contest by elections. The UPND challenged the nomination in Court. Even in the midst of the decision by the constitutional court that Hon Lusambo and Hon Malanji were eligible to recontest, the Electoral Commission of Zambia acting in collaboration with the UPND decided not to allow our nominees to file for nomination nowonder we have that sham of elections in Kabushi and kwacha..We had pleaded with the UPND Government, while the court had not made the decision, the President was busy campaigning…..Lusambo and Malanji were elected by the masses in kabushi and Kwacha who were looking for the continuation of their leadership,” he said.