Daily Nation Newspaper

HH demands ruling on bill of rights

- By NATION REPORTER

“We know that the Constituti­onal Court already made its judgment and that judgment is final but for the sake of public record we want this court to address on the issue of the petitioner­s grievances regarding their rights,” Mr Sangwa said.

HAKAINDE Hichilema wants the High Court to rule that the Constituti­onal Court violated his rights under the Bill of Rights, though he admits that he the court ruling was final and cannot be reviewed. This is in a matter where UPND leaders Mr Hichilema and his vice Geoffrey Mwamba petitioned the High Court alleging that the Constituti­onal Court violated their rights when it threw out their presidenti­al petition. The UPND leaders told High Court Judge Mwila Chitabo through their lawyer John Sangwa that it was not in dispute that the decision of the Constituti­onal Court is final and they did not wish to have it reviewed. "We are not asking this court to reopen the decision of the Constituti­onal Court. We want to know whether what the ConCourt did was in consistenc­e with Article 18 (9). "We know that the Constituti­onal Court already made its judgment and that judgment is final but for the sake of public record we want this court to address on the issue of the petitioner­s grievances regarding their rights," Mr Sangwa said. Mr Sangwa argued that only the High Court and not the Constituti­onal Court had the preserve to enforce the bill of rights. Meanwhile, Solicitor -General, Abraham Mwansa argued that the petition was misconceiv­ed at law as it was the preserve of the Constituti­onal court. Mr Mwansa raised three preliminar­y issues asking the court whether the determinat­ion of the presidenti­al petition was a civil right so as to be brought within the scope of article 18(9) of the constituti­on. Whether the High Court could enquire into a question of failure to hear the presidenti­al petition when the same petition was never heard on account of negligence of the petitioner as can be seen on the judgment of the Constituti­onal Court. He also asked whether the High Court had jurisdicti­on to interpret the Constituti­onal or the Bill of Rights. Mr Mwansa argued that the UPND leaders only have themselves to blame when the 14 days, time frame to hear the presidenti­al petition run out on them. "In the case of HH and Geoffrey Mwamba vs Edgar Lungu, Inonge Wina, ECZ and the Attorney General, the majority judgment of the Constituti­onal Court said it was ready to hear the petition within the prescribed 14 days but the petitioner concentrat­ed on interlocut­ory applicatio­n at the expense of ensuring that the petition was heard within the prescribed 14 days, " Mr Mwansa said. The matter was adjourned to Monday for continuati­on.

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Mr Hichilema

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