CONCOURT HEARS MORE PRELIMINARY ISSUES

HERITAGE Party leader Brigadier-General Godfrey Miyanda has asked the Constitutional Court to reject an application in which the four opposition political party leaders intend to raise preliminary issues by way of objecting to his motion on whether a single judge was eligible to preside over an interlocutory matter.

In the main matter, Christian Democratic Party’ Dan Pule, Zambia Republican Party leader Wright Musoma, New Congress Party’s Pastor Peter Chanda and Robert Mwanza leader of the Citizens Democratic Party petitioned the Constitutional Court seeking an interpretation on whether President Edgar Lungu was eligible to contest the 2021 election.

Brig-Gen Miyanda, who is the third interested party in the matter was seeking an order that the orders by a single judge to amend the original originating summons in the main matter and orders of direction given on June 23, be nullified or reviewed to set aside or vary the order for directions.

Earlier, the four opposition leaders through their counsel Milingo Lungu, who filed an affidavit in opposition to Brig-Gen Miyanda’s motion on grounds that he attempted to serve the application for amendment as well as summons for orders for directions at his address but it proved futile as the address was untraceable

He argued that he procured Brig-Gen Miyanda’s phone number from Solicitor General Abraham Mwansa in an attempt to call him but the phone went unanswered several times.

Mr Lungu said he also sent Brig-Gen Miyanda messages to provide his residential address or in the alternative pick the documents in chambers but that he allegedly ignored the said message.

Mr Lungu also indicated that by reason of the messages sent to Brig-Gen Miyanda, he knew that the matter was coming up on June 19 2017.

But Brig-Gen Miyanda indicated that the court should not allow the said affidavit in opposition because the petitioners had abandoned to respond within the stipulated time.

“On October 30, 2017 the petitioners through their lawyers applied for an adjournment in order to respond to my summons to nullify, which application was granted by this court returnable on November 15, 2017 and further that the petitioners did not respond nor file their response by the due date but instead on November 15, 2017 they applied for adjournment and thus effectively abandoned their rights to respond as the record will show,” Brig-Gen Miyanda said.

Brig-Gen Miyanda said there was no merit on the objection

that the petitioners had not shown any prejudice to them should a full bench hear his summons to nullify which was reoffered to the full bench by a single judge, Justice Anne Sitali.