by Sipilisiwe Ncube on 21 Jul 2018by Joseph Mwenda on 21 Jul 2018by Abraham Kalito on 20 Jul 2018by Abraham Kalito on 20 Jul 2018
- Goal Diggers
by Mazuba Muleya on 22 Jul 2018by Mazuba Muleya on 22 Jul 2018by Alexis Chilumbwe on 20 Jul 2018by Diggers Correspondent on 20 Jul 2018
by Stuart Lisulo on 21 Jul 2018by Sipilisiwe Ncube on 20 Jul 2018by Abraham Kalito on 20 Jul 2018by Sipilisiwe Ncube on 18 Jul 2018
by Zondiwe Mbewe on 20 Jul 2018by Zondiwe Mbewe on 19 Jul 2018by Zondiwe Mbewe on 18 Jul 2018by Zondiwe Mbewe on 18 Jul 2018
- Editor's Choice
by Percy Chanda, UPND on 15 Jun 2018by Elias Munshya on 11 Jun 2018by Akashambatwa Mbikusita-Lewanika on 31 May 2018by Chibamba Kanyama on 25 May 2018
by Sipilisiwe Ncube on 19 Jul 2018by Mirriam Chabala on 13 Jul 2018by Chense Chola on 7 Jul 2018by Mirriam Chabala on 22 Jun 2018
- Guest Diggers
by Sampa Kabwela on 14 Jul 2018by Chibamba Kanyama on 9 Jul 2018by Netsanet Belay - Amnesty International on 25 Jun 2018by Kalaki on 24 Jun 2018
State asks ConCourt to dismiss HH’s petition to avoid embarrassing judiciaryBy Diggers Reporter on 16 Jun 2017
Attorney General Likando Kalaluka has asked the Constitutional Court to dismiss Hakainde Hichilema’s petition asking it to strike off the provisions of the law which makes it impossible for treason accused persons to get bail.
In his application yesterday, Kalaluka said it would be embarrassing for the judiciary if its ruling was different from the High Court’s ruling.
Last week, HH filed two separate petitions in the High Court and ConCourt over his unlawful arrest and the removal of some provisions which forbids the court to grant bail to accused persons facing charges that carry the sentence of capital penalty.
But the Attorney General filed an application before the ConCourt to set aside the petition for duplicity.
When the matter came up before the panel of judges lead by ConCourt president Hildah Chibomba yesterday, Kalaluka pleaded with the court to set aside the petition as it will be embarrassing if two courts comes up with conflicting decisions.
“Bringing two petitions based in same facts,seeking same reliefs is likely to lead to two conflicting decisions which will result in embarrassment to this court and the judiciary,”said Kalaluka.
Kalaluka further submitted that filing the same petitions was tantamount to forum shopping.
“Forum shopping is an abuse which should not be tolerated. All issues should be brought before the same court,” said Kalaluka.
But Hichilema’s lawyers lead by John Sangwa insisted that the the petition should be heard because it had merit.
Sangwa said Kalaluka’s argument lacked merit.
“My lords and ladies there is no merit in this argument by the Attorney General,”said Sangwa.
Sangwa also said the laws cited in bringing the two petitions were different and so the hearing of the petition should proceed.
He said the ConCourt had no jurisdiction to enforce the Bill of Rights which affected the reliefs Hichilema was seeking from the High Court.
“They are distinct issues here this court has no jurisdiction or authority to enforce the Bill of Rights I don’t see multiplicity here the issues raided are very clear,”said Sangwa.
Ruling has been reserved to a date to be communicated.
About Diggers Reporter
- We are under pressure as champions – U17 coach - 16 Jul 2018
- Casinos: A platform for cleaning dubious money in Zambia - 7 Jul 2018
- Don’t drag me into Black Mountain politics – Lungu - 28 Jun 2018
- Ban TV, radio stations that don’t cover President well, Nundwe tells IBA - 15 Jun 2018
- What’s the emergency of Lungu’s trip to Kenya that he had to abandon the mourning of his Cabinet Minister? - 15 Jun 2018
Subscribe for email alerts
Weekly Most Digged
ArchivesAug0 PostsSep0 PostsOct0 PostsNov0 PostsDec0 Posts
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
+26-097-7708285, 095-3424603, 096-5815078
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend