Wed, 31 Jan 2018 10:47:09 +0000
By CHINTU MALAMBO
TWO contradicting applications by four opposition political parties in the case in which they have petitioned the Constitutional Court to determine the eligibility of President Edgar Lungu to stand in the 2021 elections have halted the case until further notice.
Daniel Pule, Wright Musoma, Peter Chanda, and Robert Mwanza lodged had initially raised a notice of motion with the Constitutional Court requesting that the matter be heard by the full bench before raising another notice of motion with the Judicial Complaints Commission (JCC) against its president, Hilda Chibomba for alleged incompetence and gross misconduct.
When the matter come up for possible hearing of the motion requesting that the main matter be heard by a full bench, Constitutional Court judge Anne Sitali said the case would not be heard until further notice.
“On Friday, we received a notice of motion requesting that this matter be heard by the full bench but as we prepared, we received a notice of complaint to the Judicial Complaints Commission and in view of that complaint, we are not going to hear this matter until further notice,” justice Sitali said.
They argued that Justice Chibomba conflicted her position when she shared the same lawyers with the UPND who were party to the matter in which President Edgar Lungu’s eligibility for the 2021 elections is being questioned.
They complained that being the leading judge, Justice Chibomba should have recused herself from the bench as it was seen as a move to deliberately intimidate the petitioners in the constitutional court matter.
They accused the Justice of sitting on their case since 2017 while her case was active before the JCC under Messrs Malambo and Co. at the same time the UPND were being represented by the same lawyers before her as the Constitutional Court.
The petitioners further argue that it was a violation of the Constitution and the Judicial Code of Conduct when the Honourable Judge and the UPND shared one law firm, Messrs Malambo and Company as clients within the time the petition was before court.
The judges on the panel included Justice Chibomba, Justice Mungeni Mulenga, Justice Ann Sitali, Justice Margarete Munalula and Justice Enock Mulembe.
