I will have a live address on this at 15:00hrs just to breakdown what Isaac Mwanza has reported in this article. Also what are the implications to the so called electoral petition which HH has been singing about.
Hakainde Hichilema suffers a serious blow as the Supreme Court of Zambia sitting in Kabwe this morning dismisses the appeal, with costs, on the right to be heard, arising from the Presidential Petition.
This is an appeal in a matter which was before High Court Judge Chitabo. In the High Court, the learned Attorney General had raised a preliminary issue stating that the High Court cannot overturn the decision of the Constitutional Court. To avoid hearing the preliminary issue, Mr. Hichilema and Godfrey Mwamba started accusing Judge Chitabo of being bias and asked him to recuse himself
Judge Chitabo refused to recuse himself and they appealed to Supreme Court where the Attorney General filed submissions arguing that the appeal was before a wrong court as it was supposed to go to Court of Appeal.
When the parties appeared before Supreme Court Judge Hamaundu sitting with judge Kajimanga and Judge Rodha Kaoma today to argue the matter, the Supreme Court handed down the ruling that they have considered the matter and find that it is wrongly before them and dismissed it with costs
Today’s ruling is another indictment on the lawyers for HH in pursuing matters before wrong courts and forum shopping.
The matter going back to Judge Chitabo to deal with preliminary issues as raised by the Attorney General that High Court cannot deal with matter after Constitutional Court has pronounced itself on the 14days
Report filed by Isaac M. Mwanza from Kabwe