Happening Right Now At The High Court
ZNBC IS LYING THAT UPND CASE HAS BEEN ADJOURNED
Reports on ZNBC TV that the case in which the UPND has sought an injunction of the inauguration of Edgar Lungu has been adjourned is untrue and meant to mislead the Zambian populace.
Our legal team, spearheaded by the lethal constitutional lawyers, Robert Simeza and John Sangwa, have been effectively arguing the UPNDs case since earlier today and have the PF lawyers on the back foot.
Our legal team has persuasively argued the following:
1. That the UPNDs case should be heard because the actions taken in the constitutional court were academic.
2. That the matter referred to by AG that we sought to have speaker of national assembly act is an interim relief and not a substantantive issue.
3. That the PF lawyers cannot claim that the issue before the court is frivolous and vixatious when the court hasn’t heard it.
4.That it was clear at the constitutional court that when there’s a presidential petition pending the speaker of national assembly acts but one judge overlooked the law wilfully.
5. Our lawyers quoted judge chibomba and judge professor munalula judgements and which says the human right article 18 of the constitution of zambia is superior over other clauses because its a fundamental human right.
6. Our lawyers argued that to prevent what was seen as an academic exercise the courts should allow us to be heard on account of our fundamental rights to be heard. A right which has been taken away from us by the constitutional court.
7. The UPND lawyers urged that the trend which is being pursued in all commonwealth countries in which the right to be heard is fundamentally important especially when the law has been broken should be upheld.
8. They told the court that if this court does not allow our application, our democracy and rights will be lost forever.
9. They asked the court to protect articles 18 and 28 if fundamental rights and freedoms of citizens are to be protected.
10. They asked the court to grant UPND an order to injunct the presidential inauguration to allow justice to prevail.
These are just part of the many other arguments that our legal team has presented to Judge Mwila Chitabo’s court.
As we report this, Judge Chitabo is still hearing the application. He had earlier indicated that he wanted to hear the application today so that he can make a ruling tomorrow.