What the world must know .
Article 127 of the Zambian Constitution establishes the Constitutional Court which consists of 13 Judges or more, however, since inception only 6 judges have so far been appointed.
What is amazing is that Mulenga Mungeni, Annie Sitali and Palan Mulonda sit on almost all controversial cases.
Its almost like they own the constitutional court and they will never rule against the State or Edgar Lungu and his PF government.
It has therefore become worthless to bring any constitutional court.
This court deals with the most important document in our land called the ‘Constitution’.
Thus cannot be subjected to a few crooks who are just bent in destroying this country.
The Concourt needed extremely experienced judges which should be equated to the Supreme court judges but this is not the case.
This should not be a court for sorting out personal vendettas , and making money.
Edgar Lungu should appoint more judges to balance the equation in a quest for justice.
What we need is interpretation of the law and as such the Constitution not appeasing crooks.
Edgar Lungu himself has failed to obey the law which he assented to.
He is a failed lawyer whose practicing has added no value to the legal flattenity.
Edgar is one such character who misinterprets the law through out his life.
Last time he said it was constitutional for ministers to remain in office, this time he says he qualifies to stand in 2021.
He does not know the difference between the Constitution and subsidiary legislation no wonder he thinks the misapplication of the public order Act is fine.
The other time he was sworn in by the acting assistant registrar of the high court contrary to article 105(1) which provides that he could only be sworn in by the chief justice and in the absence of the chief justice by the deputy chief justice.
Today, many of us do not realize that Edgar Lungu, election was not validated as an elected president by his constitutional court judges.
If Edgar and his PF argue that the election petition was heard, then it goes that Edgar Lungu is an illegal president because Article 103 (3) (a) and (3)(b) provides that after hearing an election petition , the concourt shall nullify or validate the president elect.
The constitutional court never nullified nor validated Edgar as president elect.
The same Edgar feels the 14 days computation of time was messed up by the UPND lawyers.But truth be told, there is a difference between hearing a matter and determination of the matter.
When preliminary issues are raised it means the matter is not been brought yet for a hearing as is the case in the HH treason case.
We all know that the treason matter shall only be heard when it comes up before the court for a hearing , in other words when it is read to HH and HH is put on defence.
So article 103 (2) says the Concourt shall hear the petition within 14 days of filing in the petition.
Now , it’s a principle at law that when there is a conflict between human rights and the other legislation or indeed any other part of the Constitution, human rights prevail.
It is for this reason that UPND has moved the court under article 18 which is the right to be heard , being given power to do so under article 118 and article 28 of the Constitution of Zambia …and we quote in part…”traditional dispute resolution shall not (a) contravene the bill of rights” …”justice shall be administered without undue regard to procedural technicalities”…such as 14days…and article 28 which allows us to take the matter to the high court if our rights are violated.
Even in HH treason case, article 118 provides that justice shall not be delayed.
In this case right to be heard provided for under article 18 of the Constitution of zambia.
As if that is not enough, you may recall that PF brought in their chief justice chibesakunda at a certian time who acted outside the law for an in constitutional period without being ratified by the national assembly.
Today, we have a chief state advocate performing functions of the DPP who is ratified by the national assembly outside the law to write a commital certificate for HH to be refered to the high court for treason trial which should not be the case.
Earlier, they applied to amend the charge from a road rage treason to conspiring to send an advance party to give HH a presidential milage in Mongu.
Under a nornal justice system, the matter could have been thrown out by the court immediately.
But it seems the idea by the PF is to try to punish and convict HH at all cost that they can change a charge ‘from adultery to theft’.
For the PF , HH is already convicted, yet the law is very clear that an accused person is presumed innocent until proven gilty.
Infact Edgar Lungu was supposed to be arrested for treason for failing to hand over power to the speaker of the national assembly during the petition.
Article 104 (3) provides that when there is a petition the speaker of the national assembly acts which Lungu failed to do.
This is failure to follow the due process of the law and a break down in the rule of law.
If unchecked, Edgar Lungu will together with his crooks lead Zambia into extinction.
Please, circulate this so that our people in Zambia and abroad can know what Edgar Lungu is doing and why UPND cannot recognize him as president.
UPND MEDIA TEAM