Sat, 24 Feb 2018 10:27:26 +0000
By CHINTU MALAMBO
THE State wants the Constitutional Court to rule that UPND leader, Hakainde Hichilema and his vice, Geoffrey Bwalya Mwamba’s appeal against the single judge ruling was filed out of time.
Principal State Advocate, Frederick Imasiku, yesterday filed an affidavit in support of notice of motion to raise a preliminary issue for an order to strike out the appeal for irregularities.
He indicated that the appeal by the opposition leaders was filed out of time and was not appropriately before the court.
Mr Imasiku indicated that on October 14, 2016, the Constitutional Court delivered its ruling, denying to grant the opposition leaders leave to appeal.
“The application by the opposition leaders was filed out of time. “On October 14 2016, the court delivered its ruling refusing to grant leave to the applicants to file its application.
This is in a matter in which the UPND leaders appealed the ruling of the single judge of the Constitutional Court before the full bench, Justice Mungeni Mulenga, who dismissed an application to set aside the originating process for irregularity and want of jurisdiction after the election petition was discontinued by the Supreme Court.
In October 2016, Justice Mulenga said there was multiplicity of actions by the opposition leaders on the swearing in, in the High Court and Supreme Court against the election of President Lungu and his vice Inonge Wina.
Justice Mulenga held that the conduct of the opposition leaders was similar to forum shopping which amounted to abuse of court process and therefore dismissed the matter.
