ConCourt Throws Out Hichilema Challenge against 2016 Presidential Inauguration
The constitutional court has thrown out the appeal by UPND President Hakainde Hichilema and his deputy Geoffrey Bwalya Mwamba where they were challenging the legality of the swearing ceremony of President Edgar Lungu.
In this matter Hichilema and Mwamba cited President Lungu, Vice President Inonge Wina and Attorney General Likando Kalaluka as respondents.
They petitioned before a single judge of the court who later struck out the petition on account that it was a multiplicity of actions and an abuse if court process.
Dissatisfied with the decision of the single judge, the UPND leaders appealed to the full bench of the court.
But earlier, Kalaluka had asked the court to strike the appeal because it was filed out of time and without leave from the court.
Kalaluka said the petition was heard and determined by a single judge and therefore there was no need for the ConCourt to review its own decision.
But in their argument the UPND leaders asked the court’s to dismiss Mr Kalaluka application and hear their appeal without undue regard to procedure technicalities.
Delivering the ruling on behalf of Constitutional Court judge Martin Musaluke, master of the Supreme Court, Anastasia Lungu set aside the UPND leaders’ summons on appeal for being incompetent.
The court has found that the petitioners should have applied for leave to file an appeal out of time.
Judge Musaluke said the petitioners fell in their own trap when they failed to file an appeal out of time and thereby failed to comply with court rules.
He said the court was not clothed with jurisdiction to hear the petitioners summons on appeal because they did not follow the rules and therefore the petition is incompetent.
“The summons on appeal are incompetent and ought not to have been entertained by ourselves, we therefore set aside the appeal for want if jurisdiction” read the ruling.
Source: Zambia Reports