Presidential petition update: To avoid all speculations among our memebers the matter we are pursuing is like this:
1. Because the referendum failed, only the high Court can rule on any matter to do with the bill of rights
2. On Friday we asked ConCourt to refer the question as to whether the 14 days afforded the petitioners a fair hearing and to declare that it was in violation of their right to a fair hearing as guaranteed under the bill of rights. ConCourt refused to entertain the application while affirming that High Court is the court of recourse on such matters
3. There is now a petition before the high Court asking that very question.
4. A decision of the high Court on this issue can be appealed to the supreme Court.
5. LAZ agrees with the Petitioners argument that high Court can declare the ConCourt proceedings null and void if the high Court agrees that the Petitioners were not afforded a fair trial
6. While decisions of the Courts are pending the Petitioners have asked that the CJ and her deputy be restrained from swearing in the President.
7. That application will be heard by Judge Chitabo – inter party, that is with all parties (UPND and PF) present today.
8. The high Court has not heard, let alone turned down any application by the high Court.