ConCourt to rule on Miyanda’s notice of motion

THE Constitutional Court (ConCourt) will today make its ruling on Heritage Party leader, Brigadier General Godfrey Miyanda’s notice of motion to have President Edgar Lungu cited for contempt of court for allegedly commenting on his (President Lungu) eligibility to contest the 2021 general elections. In the main matter, four opposition party leaders Daniel Pule of Christian Democratic Party (CDP), Zambia Republican Party (ZRP) leader, Wright Musoma, Peter Chanda of the New Congress Party (NCP) and Citizen Democratic Party (CDP) leader Robert Mwanza sued the Attorney General over the tenure of office and eligibility of President Lungu. The Law Association of Zambia (LAZ), UPND, and Gen Miyanda joined as interested parties in the matter while the PF was joined as the second respondent. Earlier, Gen Miyanda filed a notice of motion seeking a declaration that President Lungu breached the constitution by publicly threatening or warning the Constitutional Court judges, an act calculated at influencing the outcome of the case. But Attorney General Likando Kalaluka, LAZ and the PF argued that Gen Miyanda’s application was not properly before court and thus should be dismissed. “Our contention is that the application should have come by way of petition and not motion. It cannot be persuaded in the manner that has been dealt with,” it was submitted. PF lawyer Jonas Zimba further argued that Gen Miyanda’s motion was aimed at moving the court to make a declaration against an individual who was not a party to proceedings. Mr Zimba argued that the motion raised a new cause of action as it did not relate to the matter before court. Meanwhile, the court has in the same matter reserved ruling in an application made by the petitioners to have the main matter determined by the maximum number of ConCourt judges. All parties except the UPND and Brig Gen Miyanda did not object to the application to have seven instead of five judges on the panel. The UPND and Brig Gen Miyanda argued that five judges where already a full bench capable of handling the matter competently.