The case in which the Patriotic Front (PF) is trying to restrain President Banda from contesting this year’s tripartite elections is likely to fail due to ´time pressure´.
The Lusaka High Court has postponed the matter to Tuesday next week, a day before president Banda is scheduled to file his nominations.
It is highly expected that the High Court will dismiss the matter on grounds that it has no powers to handle matters relating to the election of the president.
President Banda´s lawyers have argued that only the full bench of the Supreme Court which includes the chief Justice can hear the matter.
The PF may try to appeal or start the case afresh in the Supreme court but the Chief Justice on Tuesday will be busy receiving nominations of the Patriotic Front, National Revolution Party and the Alliance for Democracy and Development.
High Court in-charge Jane Kabuka postponed the case on Friday after hearing it in camera, meaning members of the public not allowed.
Wynter Kabimba, in his capacity as PF secretary general, is trying to restrain President Banda from contesting this year’s elections, arguing that president Banda´s parents are both foreigners, one from Malawi the other from Zimbabwe.
Kabimba has sued the Attorney-General, MMD national secretary Richard Kachingwe and the Electoral Commission of Zambia (ECZ) arguing that the ruling party cannot by law sponsor President Banda because his parents are not Zambian citizens.
On Thursday, Attorney-General Abyudi Shonga said Kabimba’s case against President Banda’s parentage is wrongly before court.
MMD lawyers have said Kabimba’s case is premature because the High Court is incompetent (has no power) to handle the matter.