Verbatim; EDGAR LUNGU GRANTED PERMISSION TO FILE RECUSAL APPLICATION AT 14;00HRS
In this matter, Michelo Chizombe has petitioned the Constitutional Court seeking that a declaration be made that former President, Edgar Lungu was NOT eligible to contest the August 2021 presidential and general elections or any future presidential elections.
Others cited in the case are the Electoral Commission of Zambia (ECZ) as second respondent and the Attorney General as third respondents.
The Bench
1. Hon. Justice Prof. Mulela Margaret Munalula,
2. Hon. Mr. Justice Arnold Mweetwa Shilimi,
3. Hon. Justice Martin Musaluke,
4. Hon. Mrs. Justice Judy Zulu-Mulongoti,
5. Hon. Mudford Zachariah Mwandenga,
6. Hon. Mrs. Justice Maria Mapani Kawimbe
7. Hon. Justice Keneth Mulife
Matter between
Petitioner; Michelo Chizombe,
1st Respondent; Edgar Lungu
2nd Respondent; Electoral Commission of Zambia,
3rd Respondent; Attorney General.
Court in session.
Justice Munalula- as discussed in the chambers, the Counsel can make their application.
Makebi Zulu-Oblidged my Lord and My Lady. We have since received instructions from our client, the first respondent. It is our intention to make an official application for recusal.
The request for recusal relates to the President of the Constitutional Court, Judge Margaret Munalula, the Vice President of the Court, Judge Arnold Shilimi and Judge Maria Mapani Kawimbe.
Our request is that the Court should give us time to make necessary details of the application and file by Monday or as when the Court will guide.
I’m obliged.
Justice Munalula-(consults fellow judges). There are no questions for you Counsel.
Lawyer for ECZ; We are ready to proceed with the matter. We are of the view that the respondent makes his application here and now.
Lawyer 3rd Respondent, Attorney General- My Lord the request for the application of recusal has not been made yet. It is their right to do so. They can make the application even next year. But as we stand now, there is no application for recusal before the court.
Lawyer for the Petitioner-Michael Mwape Moono- We wish to put in on record that we shall oppose the application for adjournment as we are ready to proceed.
The respondent has been aware of the date of this matter and it is not fair to request for an adjournment now.
Further, the composition of the Court has been the same since the commencement of this matter. Therefore if there was any need for a request for recusal of any of the judges, this should have been made in good time and at the beginning.
The request to adjourn this matter today appears to be an after-thought and is intended to merely interrupt and embarrass these proceedings.
It’s trite Zambian law, ladies and my Lords that the Court should not be ambushed to adjourn.
In fact, the 14-day period is standard in this jurisdiction as a requirement in which to file an application to adjourn.
We will go further. The proceedings today do not kill the opportunity for the first respondent to file his application.
We insist that the proceedings proceed.
Currently as correctly asseted by the Attorney General, their is no application for recusal. It is only an intention.
Hearing the matter does not prejudice anyone and the court may schedule other dates for such a matter.
It must not be made tp appear that it will be fatal if the application is not made today.
Justice Munalula- Is there any response? Counsel?
Makebi Zulu- Yes my Lord. The submissions from my colleagues are interesting. Counsel for the petitioner, Mr. Moono has mistaken our application for leave to mean an application for adjournment.
The second respondent says we should hear the application here and now.
It must be noted that the application is from points of facts,and therefore these facts cannot come from the bar, but must arise from sworn testimony and affidavits.
There was also a response from the Attorney General that the application for recusal can be made even next year.
I hope that the remarks were made in jest or as a joke.
But if there were serious remarks, we must place it on record that an application for
Recusal is a threshold issue. It is intended to secure a fair and just hearing.
The person making the application has stated that he will not be fairly heard.
Can w, therefore, correct this bias, or perception, that the person hearing him may have an interest in the matter.
It, therefore, defies all logic that we may proceed under these circumstances.
Such jurisprudence is unconstitutional, is unlawful, and can not guarantee a just outcome.
It is clear that Mr. Moono misunderstood me to mean that I was applying for an adjournment. He misconstrued my application. It is safe to say therefore, that the insinuations that the application can be made whenever and wherever we are ready, is clearly unattainable.
Unless he will be kind to avail the reference to the authority of the law.
We pray that leave be granted. I’m most obliged.
Justice Munalula- Here is our decion
Having heard from all parties, It is our decion that leave be granted to raise the application for recusal. This matter will be heard today.
Application will be heard today at 14;00hrs.
Matter stands adjourned until 14;00hrs.
Here we are, the country is collapsing under immense Problems caused by Gross Incompetence, and we have a President preoccupied with Power…and how to maintain that power. Anything standing in the way of this should be crushed. Misplaced priorities.
Sad to be ruled by such people…2026 please come early we get rid of these misfits.
Lungu and his many supporters aim is to cause a constitutional crisis, then ensite violence and take over government in the confusion. If the government hasn’t seen this then Kaya! He is paying all the hungry lawyers millions and they are happy to do anything. They are not scared of any repurcations to do this.
One thing for sure is that, government is in full control of everything under the able leadership of His Excillency, the President of the Republic of Zambia; Dr. HAKAINDE Hichilema. All these noise and trouble makers will be delt with according to the law as established. Now is a new chapter opened for those who don’t want to change or repent
All is in place the enemy will fall no matter what they try to do by blindly following the snake there’s nothing that they can do as long as they do things outside the law, the law will be used to panel straight them. That is why the law was established, it was made to deal with trouble makers and it is there waiting to square them. PERIOD!