‘UKUPONOKA’ PETITION, RIGHTLY BEFORE CONCOURT, SAYS TEMBO

PeP leader Sean Tembo has opposed the preliminary issue raised by the Attorney General that his petition contesting President Hakainde Hichilema’s habitual use of insulting language was frivolous and vexatious.

Mr Tembo argues that his petition has raised constitutional issues which borders on ensuring the Head of State performs his executive functions with dignity and integrity.

The Patriots for Economic Progress leader states that the Constitutional Court has exclusive jurisdiction to determine a matter relating to the President.

He pleaded with the Court not to dismiss the petition as prayed by the Attorney General, Mulilo Kabesha, but allow it to be determined at trial.

“Your Petitioner further submits that he has clearly demonstrated that this petition that is before this court is neither frivolous nor vexatious but seeks the determination by this court of genuine questions regarding the conduct of a republican President vis-avis the obligations placed on him by articles 91(3)(a),92(1) and 173(1)(a) of the constitution of Zambia,” he submits.

In this matter, Mr Tembo petitioned the Constitutional Court over the President’s alleged habitual use of insulting language.

He wants the Court’s declaration that Mr Hichilema’s use of the Bemba word “ukuponoka” which the petitioner claims means “pulling the foreskin of the manhood backwards” when translated into English lacks decency, respect for the people of Zambia, respect for the diversity of different communities including the Bemba-speaking people of Northern Province.

He said the use of the said word contravenes Articles 91(3)(a), 91(3)(d) and 91(3)(f) of the Constitution of Zambia

And another declaration that the use of the same word violates professional ethics and integrity and contravenes Article 173(1)(a) of the Constitution of Zambia.

But Mr Kabesha in response to the petition contended that Mr Hichilema had not in any way contravened the constitution as alleged by the petitioner.