Tuesday, November 26, 2024

ConCourt split over Kabushi and Kwacha as five Judges recuse themselves

Share

President Hakainde Hichilema has been accused of instructing Constitutional Court President Margaret Munalalu to ensure that the appeal over the Kabushi and Kwacha parliamentary seats does not succeed.

When the appeal hearing came up on Tuesday morning, Justice Munalalu ordered that all the parties and Journalists leave the court room and only remained with Judges for a prolonged period.

Sources close to the matter have revealed that Justice Munalula informed the Bench that she has received instructions not to overturn the High Court decision to declare both Bowman Lusambo and Joseph Malanji ineligible to participate in the by elections.

The ConCourt President revealed that President Hichilema does not want to see Mr. Lusambo and Mr. Malanji on the ballot paper in Kabushi and Kwacha elections respectively.

But divisions arose with five Judges threatening to recuse themselves from handling the appeal matter on professional grounds.

The sources disclosed that Judge Musaluke, Judge Anne Sitali, Judge Palan Mulonda, Judge Mungeni Mulenga and Judge Judy Mulongoti are the five that have threatened to abandon the appeal hearing.

The sources said the five Judges hold the view that the Kwacha and Kabushi elections were void.

They said it will be suicidal for them to go against their earlier ruling that nullification of a seat does not amount to disqualification of a candidate.

The High Court sitting in Ndola failed to preside over the matter conclusively and referred all questions that the aggrieved parties presented to them to the Constitutional Court.

The Constitution Court had earlier ruled that nullification does not constitute disqualification making it difficult for the High Court to pronounce itself on the matter.

The ConCourt is due to continue sitting on Wednesday to review both the Kabushi and Kwacha appeals with a new set of recently appointed Judges.

30 COMMENTS

  1. Those two MPs Kwacha and Kabushi should resign on moral grounds. Even among thieves there is honor. How can you attend parley, drink at the motel and go home with a clear conscious when you know very well that you did not “win” the election?

    15
    4
    • It is milanji and lusambo who should hide in shame at the bribes they used to win past elections at the expense of national development

      4
      18
    • You think Upnd doesn’t bribe voters? Seems you live under a rock.
      You think this CDF is what it’s? Have you asked yourself why it is not appearing in the Auditor’s report?

      16
      5
    • Dejavu

      Do you want cdf to appear in the auditors report…….???

      Might as well also want the natipnal budget to also appear in the auditors report …….

      And if you think cdf is a bribe……atleast UPND are bribing with development, unlike PF

      Who used to bribe with consumables

      3
      2
  2. This is what happens when the presidents is the arresting officer, the law, the lawyer, the judge and the jailer. Unfortunately, you can not bully everyone in the system. Let the Police, ACC, DEC, ECZ, Concourt operate freely. What is HH scared of by trying to order everyone to do his will.

    14
    4
  3. Look how all judges including high court, concourt, magistrate court are all rushing to recuse themselves from cases involving PF because they were all in the pockets of this politicians so they can’t rule against them lest the beans are spilled.

    8
    13
  4. This article stinks of overdramatization, I honestly doubt HH would issue such an instruction to Justice Munalula for her to tell the other judges on the bench. and given what we know about these stinking Jameson Mutaware Lungu appointed justices, it would be very rich to think of them threatening to recuse themselves from handling the appeal matter on professional grounds because in terms of integrity they have absolutely zero!.

    10
    18
  5. ………..

    Pleas , just tell them to wait for 2026…………

    It is not far off………

    In the meantime they can prepare………

    The IMF deal is imminent………

    Atleast $300 million + in intrest payments is to be saved……..

    There wil be enough to cushion the living expenses come 2036………

    Forward 2031…….

    And beyond

    7
    6
  6. Article does seem questionable. If indeed the President did give such instructions, one would wonder why the instructions would go to the Chief Justice who would then give the command to other justices in court.
    Margaret Munalula is a woman of principle and I doubt she would be sold.
    However, the Concourt with its shambolic judgments has brought this on themselves. These two cases were being heard at three courts at once and the Concourt failed to make a strong stand. They gave judgement which was an academic exercise after the two constituencies had new MPs.

    4
    2
  7. Article not well written
    Tell us who the instruction came from and lets not assume
    If anything money as usual changed hands knowing the 2 involved

    2
    4
  8. The best thing what HH should do like other African dictators is to change the constitution so that he can remain longer in power. In fricandeau power is sweet. You can see even the Malawan Lungu wants to bounce back to power.

    • You stinking skank of a tribal bigot, you can’t even pronounce such a common Zambian name! You bet you’re a damn Katangese Kaboke, munungwahao!

  9. Absolute lies…..each judge can write their own judgements.
    Justice Manalula does not even need those 5 judges if she wants to rule against the former MP”s.

    4
    12
  10. Very shameful and total confusion from the side of the learened.These cases will re-appear even after 20years so that is why these learned people must be very careful never to be on remote.

  11. The overrated Hakainde is showing who he really is. Only careless and mediocre person would not have seen through this less than candid person. When a priest says “Ulutoshi” Hakainde shouts ” Joker” that tells you something about this man. ” Ni Kateka wa ba kankala” is a president of the rich.

    3
    1
  12. the stories of the scammers stink. the other time it was ‘hh is satanist’ then ‘hh supports homosexual’ then ‘ hh is at at war with china’ and today ‘hh directed judges at concort to reject appeals of malanji and lusambo’. note that these are just part of a series of false syndicates planned against hh by a pf cartel with a hope to …hh. but as a known bunch of corrupt crooks they’ll fail

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading