Headless chickens: UPND discontinues state of emergence court challenge

THE UPND has discontinued a case in which they challenged President Edgar Lungu’s proclamation of a threatened state of public emergency in the Constitutional Court.

According to a notice filed by Dindi and Company, the UPND through their lawyers who also included Malambo and Company, Mwiimbu, Muleza and Associates, Lukona Chambers and Mushipe and Associates, stated that they sought to discontinue the matter henceforth, adding that service of the process had not been effected on the respondents because of the same reason.

In this case, UPND secretary general Stephen Katuka, who cited the Attorney General and the Speaker of the National Assembly, wanted the Constitutional Court to interpret Article 31(2) of the Constitution of Zambia.

He had submitted that it was unconstitutional for the National Assembly to convene for purpose of passing a resolution to approve the declaration in the absence of UPND members of parliament.

According to Katuka’s originating summons that were filed in court last Wednesday, he asked the court to determine whether Article 31(2) of the Constitution of Zambia (amendment) in general and in particular its usage of the words “…by majority of all members thereof” was so ambiguous, vague or absurd that it warrants for departing from the literal and purposive rule of interpretation.

He had also sought the court’s determination on whether the Speaker can convene National Assembly under Article 31(2) of the Constitution of Zambia in the absence of 46 suspended UPND members of parliament to approve by resolution President Lungu’s proclamation declaring that a situation existed which, if allowed to continue, might lead to a state of emergency as promulgated in Gazette Notice No. 448 of 2017 under Statutory Instrument No. 53 of 2017 dated July 5, 2017.

Katuka also sought an order to quash any decision or action by the Speaker to approve by a resolution the proclamation by the President.


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  • politians b smart,think wise. leadership is from God,even if president X from political part XXXX steals votes for president Y from the political part YYYY,if president Y was nt chosen from GOD then no matter how he/she tries success/achievement wil b far, so politician dnt take democracy in ur on hand.cause u wil b #dealt_by_law end up confuse the all nation

    • comment-avatar
      zamule 6 months

      Damn God really made a mistake with Hitler, Stalin, Amin and the likes. I don’t know if I can trust such choices anymore.

  • These are consequences of acting before reasoning and poor strategy of boycotting issues . Learn from UNIP oblivion if you have brain. Too much of anything is dangerous. How i wish upnd should now be called United Courts Party (UCP) and party president hh ( Mr Courts).

  • We Tired Of This Stories Tel Us Something Else Ma Sh**!

  • We Tired Of This Stories Tel Us Something Else Ma Sh**!

  • It’s good that they have discontinued the case mwe… Lets just focus on one important case,, ie, our HH

  • comment-avatar

    Kampyongo promised parly his dogs would murder UPND members and leave their bodies among Zesco pylons to have full blown state of emergency. Kanganja enjoys the company of mourners’ attackers. They patrol and enter homes of UPND members to arrest and kill them.
    These chickens are really headless.

  • Am beggining to love ZWD. This is remarkable reporting.

  • Full fledged jokers

  • pf wat they ar dowing it z long to de nation

  • Mmmmmmm Too Many Court Cases

  • comment-avatar
    Kashimbi 6 months

    Anyway, those that are singing the tribalism song should wake up and smell the coffee, even the Kingdom of Israel was divided into two States when Rehoboam became King. The ten tribes revolted and made Jeroboam their ruler in the North, two tribes, Judah and Benjamin remained with King Rehoboam, King David’s grandson in the South. Today,the Southern Kingdom is still ruling through Jesus Christ who is of the tribe of Judah. So, wisdom does not lie in your perceived “elite” trying to heap all the bad things on us, we are this or that, the fact is we are blessed, we are organised, we are hard working, this, you cant take away from us…!

  • comment-avatar

    My considered view is that withdraw from court is ok, looking at dialogue and projected reconciliation with efforts by cathoric Bishops. Reconcilition shouldnt have strings here and there on either side. Best negotion should be premised on a win win situation.

    • comment-avatar
      Caveat 6 months

      “Cathoric”. Yaba, that’s a first! Dude, it’s Catholic.

      The court case should run its course. The state should prove it’s case or fail to do so. I am itching for this case to hit the courts because it will make the funniest reading ever in the history of the whole commonwealth.

      The State lawyers will have to prove that a traffic offense was an act of premeditated treason and that somehow, a blocking of a roadway could cause the overthrow of the president. I really am waiting to see that one. The legal counsel that prosecute that will have to be handsomely paid, because after that they will go down in legal annals and history as the greatest laughing stock of all time.

      Any Judge that lets this case go to full trial or find the man guilty will have to say goodbye to any hopes of national or international respect. Their whole career will be shot and gone for good. This case will end up with the state having egg on its face, big time. I assume that HH was driving the said car, gave the instruction to the drivers to ignore the police sirens and instructions and that HH also made the police fail to stop or force his motorcade off the road as they usually do to pedestrians and other road users, right?

      This case has more holes in it than Swiss cheese.

      HH should bring in a few Queens counsel from England, Canada and other commonwealth countries. This will make the local PF Attorneys look even more dumb and dull. It will make the case international news too.

      Let the case begin….

      • comment-avatar
        mbosa 6 months

        you’re point on caveat and very correct,let petition be heard

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    • comment-avatar
      El Diablo 6 months

      Dont fall Nigerian crooks people. Beware of these people. They are thieves.

    • comment-avatar
      Jeremy 6 months

      ZWD, please rid our esteemed news source of these inhumane people bent on exploiting the poor among us. Cure for AIDS! Why doesn’t he take his cure to UTH?

  • Upnd. …no sense of direction

  • William Phiri William Phiri

  • Desperate Party With Desperate President,followers Not Knowing What To Do Next.

  • that purely usurpation of powers. messiah come quickly the devil is now living among zambians

  • comment-avatar
    front and centre 6 months

    The UPND have the worst political strategists in the world.
    How did PF wrestle office from MMD? They used a long strategy of winning over people from other provinces while keeping the real power in the hands of a few.

    PF was nothing but a bunch of goons led by a senior goon. They went to the copperbelt and tapped into the mindset of the shi-mine. They went to the east and tapped into the mind of the ignorant farmers. They went west and south and tapped into the tribal hatred from there. PF told blanket lies for all to hear, they promised more money in your pockets and other ‘pie in the sky’ that each of you swallowed like so many fish. They made you hate Rupiah Banda and MMD like they were the plague.

    UPND are fighting a war of fists when they should be fighting for hearts and minds. Their supporters are tagged as being tribal warriors instead of embracing all tribes and peoples of Zambia in a deliberate (not just GBM alone) policy.

    UPND has been reduced to Tongas, North-westerners and Lozis who are disgruntled and want power vs the rest.

    I am not from any of these areas and every election I am faced with the same dilemma. If I vote pro-UPND then I am voting to have a person that will attack me and my family based on our heritage and surname and put me on hot coals just because I am not Hibajene, Hamanjanji, Sikute, or Lubona. So what logical option do I have? SERIOUSLY?

    How many of you out there would allow a crocodile to help you cross a river rather than a lion. In water a lion is powerless. On the other side I can jump off and take my chances running and ducking like the wind. Maybe I will live, maybe I will die.

    UPND are the the croc.

    • comment-avatar
      Disgusted 6 months

      This is the myth that has been perpetrated by you, the real tribalists. What is happening in civil and public services is exactly what you are saying, the Hibajenis and the Lubonas are being retired in ‘national interest’ in their 30s and you still heap blame on those that have not done anything and ignore the log that you hard core tribalists have in your eyes? We are tired of this song. Choose another hymn! Are the over 1,7 million people who voted for HH in 2016 all Tongas and Lozis? Do your demographic maths and sit down!

      • comment-avatar
        Caveat 6 months

        My disgusted friend, I totally get where you are coming from. It is true that people are being identified and removed from the civil service and the various commissions based on what seems to be ethnicity. I have worked in an institution and during the 2016 and even the earlier elections, I worked with people from the West, North-west and southern provinces. I personally faced situations where people told me to my face (when they thought that the UPND was close to winning) that I would be removed summarily when “they” took over. This was not second hand but straight to my face.
        When “they” lost the elections, how do you think I felt?

        Are the PF being evil and malicious? Oh yes they are.

        It is what is known as a preemptive strike. The state if Israel did it in 1967.

        So what d you suggest that people like myself do? Should we let ourselves become the 2021 version of the Jews?

        In a world where its you or us, do you want me to vote for you? Do you you want the state of Israel to adopt the swastika as the centre piece of its flag and remove the star of David.

        My math is right dude. My math goes like this:

        My vote (for HH) + your vote (for HH)= Me in SHIT

  • kakawa musempela fye muma court,your friend is in dundumwezi working

  • ba upnd ninshi fyonse ni court even things that u know u can’t win…busy overloading yourselves with unnecessary court cases….

  • 1. If anything happens to HH and the UPND members in prison both the current leadership of this country and UPND leadership will be held accountable, why UPND leadership because they have approached this matter casually without implementing urgent peaceful strategies to secure HH’s and the other UPND members release within the first week, HH and the other UPND members who are in prison are not under an experiment to see what will happen next, they have not been charged properly, and postponing/adjouring court cases without a set target is not following the due course of law. 2. HH is a family and Business man, and has sacrificed for his party including the UPND members in prison, surely UPND leaders doesn’t this constantly bother you to come up with effective peaceful strategies to secure his and other UPND members release urgently. The prisons are also not like in developed countries where quality of life is guaranteed, there are hygiene issues, risks of diseases, overcrowding , and for political related oppression charges malpractice especially by brutal regimes if applicable, every day in prison increases risks, this applies to all prisoners in Zambia ,it is inhumane to keep people under such conditions especially in a Christian Nation. 3. Rational UPND youths need to come up with peaceful strategies and also engage competent well known top rated international human rights lawyers, rational Zambians would be willing to contribute to the legal fees, these cases have to come to an end urgently using peaceful methods.

    • Your comment is very valid because it brings the concern of those who are jailed. Let me assure you and others that UPND leadership has, is and will do all speed steps and actions possible to have those in jails released. The most unfortunate part is that those that control power are ready even to go against the constitution. Don’t lose hope for the Leadership is working.

  • Very Bad Government Of Pf Parliament Does Not Belong To Them Alone They Should Involve Even Suspended Mps Fo National Interest Isues I Personaly Cite Abusive Of Power And Constitution Pf Is Controling Everything Using Force Like Rapist Mentalily Zambia Is Biger Than Pf And We Re Watching All This After Forth Coming Elections Im Convinced They Will Be Booted Out All Attrocities Shall Be Tabled Out

    • Says who? You think this is a contract or something like that? In 2018 UpeeND will clock 20 years in opposition and we’re still counting.

  • You are good at English but actions, you people never wanted to see the president in parliament hence boycotting paliament and you expected to leave you continue doing the same, an emergency comes and paliament has to vote for it you are not there you complain. UPND wake up we need you can you provide leadership in your politicking weee

    • What is be tabled here is a constitution and not UPND. Being to party makes you dull. Be open minded. Read and understand the constitution of Zambia.

  • comment-avatar
    Chelsey 6 months

    We don’t have to blame UPND members for their actions to withdraw the case from biased pf courts. The other reason could be that they didn’t want to be slapped with fake charges as usual. Mugabe, Museveni and Kagame fruits are now ripe in the field of pf. Get the point!

  • yaaa ba watchdog ya huwa hu hu layers ati headless chicken wapenga aisha.

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  • Let Them Leave It Because This Move By Lungu Is Politicaly Motivated And Planed Move.

    • comment-avatar
      Mumbeti 6 months

      Is the UPND headless? I doubt it. In soccer, we have seen ten-men team beating the opponent with eleven men after the former team is penalised by giving one player a red card. Some teams even become more stronger when they are ten. Likewise, I don’t agree that the UPND is headless because what Madam Nalumango, GBM, Garry Nkombo etc are doing under very difficult conditions is highly commendable.

  • in the name of representin passionately kansi balemelelamo..umulembwe wachipuba upwila muli tumfwe

  • Well done for having foreseen the out come.You are intelligent!!!

  • Keep talk while others make money.

  • comment-avatar
    ZESCO Baboon 6 months

    Lesson 1 in Politics : You dont win elections in Court. Period !

  • Are we normal ba upnd

  • McDonald chipenzi supported the court challenge i would like him to add his voice now that the petitioners have withdrawn to quash(void) the threatened state of emergency

  • They are really behaving like headless chickens without direction. But they seem to have too much money that they don’t even know what to do with it. These hordes of lawyers they are hiring must be costing a fortune

    • Continuing with this action would have been an academic exercise

    • ili kanshy litole fye nalyena

    • Some pipo are 90% demonic & only 10% human. So they don’t come to offer their opinion on issues or, constructive criticism, but only to vomit bitterness, anger & hatred, even in the most unexpected circumstances. & they expect Zambians to vote for them & win elections. Forget. Most Zambians are genuinely God fearing. So they find such characters very nausating, like the real vomit they are.

  • Hmmmmmmmmmmmmm this is drama Bwalya Mulunga Chanda Boston Moonga Jr. Dominic Miyoba Sunday Sing’alamba Albert Tambule Aldeya Mwanzwa Mugala Drey Salifwanji Sakala William Phiri Sunday Sing’alamba

  • Let them start representing those who voted for them in Parliament now and stop wasting funds on things going nowhere

  • thy hav jst done something good

  • clueless tonga lawyers!!

  • all thoz saying upnd we headless chikens muli matole fye

  • Let’s not make mistakes like nations in ruins and debris like Syria,Libya,Afghanistan.Citizens of these nations are refugees all over no country wants them.Regardless of your party think what you can do to develop Zambia.

  • Headless chickens, kikikiki

  • So what do u want us to do after reading??? Tu*ye or tulile??

  • UPND should not be overloading themselves with too many Court cases! this time they should just be strategizing on how to secure the release of HH through political and judicial means.

    • comment-avatar

      that is the way to go

    • Do Upnd Set Court Dates 4Trails If Nt Speed Up Hw.Dt B Dull

    • I am a Zambian who has lived in Europe for many years.All parties love their country.During elections involve international observers.Elections should be free and fair.The loser congratulates the winner.No one causes violence or sabotage because of losing.Simply work hard and convince citizens to vote for you in the next elections .In Europe people will think you are mad if you destroy property.A psychtric opinion may saught for you.

    • I am a Zambian who has lived in Europe for many years.All parties love their country.During elections involve international observers.Elections should be free and fair.The loser congratulates the winner.No one causes violence or sabotage because of losing.Simply work hard and convince citizens to vote for you in the next elections .In Europe people will think you are mad if you destroy property.A psychtric opinion may saught for you.

    • Emmanuel, my dear you are very much correct

    • wt a point,smooth talk, thank u.

    • wt a point,smooth talk, thank u Gift.