HH appeal case: Court grants state leave to file objection
THE Constitutional Court has allowed Attorney General, Likando Kalaluka, to file preliminary objections in a matter in which UPND leader, Hakainde Hichilema and his vice, Geoffrey Mwamba, appeal against the ruling of a single judge in the election petition case.
This is in a case in which the UPND leaders appealed the ruling of the single judge of the Constitutional Court before the full bench headed by Justice Mungeni Mulenga, who dismissed an application to set aside the originating process for irregularity and want of jurisdiction after the election petition was discontinued by the Supreme Court.
In October 2016, Justice Mulenga held that there was multiplicity of actions by the opposition leaders on the swearing in, in the High Court and Supreme Court against the election of President Lungu and his vice, Inonge Wina.
In the last sitting, Mr Kalaluka told the court that he intended to file a preliminary objection to show that the appeal by the opposition leaders was filed out of time and without leave of the court. But lawyer for the appellants John Sangwa argued that the appeal was filed a year ago and it was not fair to raise the issue at this time.
And in delivering its ruling, the court granted Mr Kalaluka leave to file the preliminary objection.
The court indicated that the appellants would not suffer any prejudice as they will have an opportunity to answer to the preliminary issue Mr Kalaluka will raise.
The judges that sat to hear this matter are justices Hilda Chibomba, Mungeni Mulenga and Martin Musaluke.