Wed, 24 Jan 2018 15:06:20 +0000
By CHINTU MALAMBO
THE Constitutional Court yesterday reprimanded parties in the presidential eligibility case to stop delaying the matter through applications for adjournments whenever the matter comes up.
This is a case in which four opposition political party leaders, Daniel Pule of Christian Democratic Party, Zambia Republican Party leader, Wright Musoma, Peter Chanda of the New Congress Party and Citizen Democratic Party leader Robert Mwanza, sued the Attorney General over the tenure of office and eligibility of President Lungu.
When the matter came up for possible hearing before the full bench of the Constitutional Court headed by judge president Hilda Chibomba, new counsel representing the Patriotic Front-PF- who are the second respondents Jonas Zimba, asked the court to adjourn the matter as he had not yet obtained instruction from his clients.
Mr Zimba told the court that he had only been served with a notice of motion on Monday adding that he would only prosecute or defend the matter in a manner that is suitable to his clients. “I was given two voluminous bundles yesterday which include the application that ought to be considered by this court and I tried to get instructions from my client as to whether they have a say or not as regards to this application but was unable to get those instructions as my client is out of town and would not give a position,” Mr Zimba said.
Justice Chibomba adjourned the matter to January 30th, 2018 cautioning that she would not entertain any more adjournments. “This is a warning to the parties that we will not entertain any more adjournments because we have granted several adjournments from last year, it is the last adjournment,” justice Chibomba cautioned.
Meanwhile, Heritage Party leader, Brigadier General Godfrey Miyanda filed a notice of motion seeking a declaration that President Edgar Lungu breached the constitution by publicly threatening or warning the Constitutional Court judges, an act calculated at influencing the outcome of the case.
Gen Miyanda alleged that on November 2 2017, president Lungu while at Solwezi airport in North Western province issued a public statement concerning judges of the Constitutional court and that the said warning has a direct bearing on the fairness and outcome of the case.
