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AG opposes HH’s application for Judge Chitabo to recuse himself from petitionBy Elias Banda on 11 Apr 2017
Attorney General Likando Kalaluka has opposed UPND leader Hakainde Hichilema’s application for Lusaka High Court judge Mwila Chitabo to recuse himself from presiding over his presidential petition case; describing the application as baseless.
In an oral response to the application, Kalaluka noted that the petitioners, HH and Geoffrey Bwalya Mwamba, had not exhibited any grounds upon which the judge could recuse himself from presiding over the matter.
In this case, Hichilema wants the High Court to order that the Constitutional Court breached his rights when it failed to hear and determine the case in which he petitioned the election of President Edgar Lungu.
Before the substantive matter could be heard last month, the opposition leader raised preliminary issues; among them an application for judge Chitabo to recuse himself on grounds that he was biased.
He further submitted that judge Chitabo could not preside over the matter due to a conflict of interest which disqualified him.
Hichilema asked that the matter be transferred to another judge or panel of High Court judges.
His lawyers Mulambo Haimbe, Robert Simeza and others are expected to reply to Kalaluka’s arguments tomorrow.
About Elias Banda
Elias Banda is interested in lifestyle and human interest stories and he brings a unique perspective.
Email: elias [at] diggers [dot] news
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