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 case to the constitutional court. This court is meant to deal with the most important document in our land called the ‘Constitution’.
Thus this court cannot be subjected to and minipulated by a few crooks who are just hell bent on destroying this country. The Concourt needed extremely experienced judges that would be equated to the Supreme court judges and not the so called juges Lungu has chosen for himself. This court should be a serious one not meant for sorting out personal vendettas , and making money. Lungu should appoint more independent judges in order to balance the equation in a quest for justice.
What we need is interpretation of the law and as such the upholding of the Constitution and not appeasing crooks. Edgar Lungu himself has failed to obey the law which he assented to. He is a failed lawyer whose knowledge of the proffession has added no value to the legal frattenity. He is one renowned for misinterpreting and and worse still willfully breaking the law through out his life. Last time he said it was constitutional for ministers to remain in office and now this time he says he qualifies to stand in 2021.
He simply does not know the difference between the Constitution and subsidiary legislation no wonder he thinks the misapplication of the public order Act is fine. 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 Lungu and his crooked PF argue that the election petition was heard, then it is a fact 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 Lungu as president elect. The same Lungu 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. We suppose it is no wonder a statement like that would only come from a failed lawyer. When preliminary issues are raised it means the matter has not yet been brought 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 had moved before the court that 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 to take the matter to the high court if rights are violated.
Even in the HH treason case, article 118 provides that justice shall not be delayed. In this case the right to be heard provided for under article 18 of the Constitution of Zambia reigns supreme. As if that is not enough, you may recall that the PF brought in their chief justice chibesakunda at a certian point who acted outside the law for an unconstitutional 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. This is outside the law and to go to the extent of writing a commital certificate for HH to be refered to the high court for treason trial is a lack of understanding of the law and this begs the question, where is the chief legal officer of the government who should be giving direction in all this?
Earlier, the prosecution applied to amend the charge from a road rage incident to treason to conspiring to send an advance party to give HH presidential milage in Mongu. Under a normal justice system, the matter should have been thrown out by the court immediately. But it seems the lack of knowledge of the law extends from the failed lawyer President to the people under him. the idea by the PF of course is to punish and convict HH at all costs that they are prepared to change a charge ‘from adultery to theft’ if they could.
For the PF , HH is already convicted yet the law is very clear that an accused person is presumed innocent until proven gilty. The fact is Lungu should have been 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 as president which Lungu failed to do thus giving him undue advantage bringing us where we are today.
This is failure to follow the due process of the law and a break down in the administration of the rule of law. If unchecked, Lungu will together with his crooks lead Zambia into extinction as a viable country. Already some of our neighbors are calling us a bannana republic.
Well given all of the above, can any serious minded person even beging to wonder why UPND refuses to recognise him? By the way recognition usually goes with respect and respect is earned not demanded.