The case in which four minor PF inclined opposition parties have asked the Constitutional Court to declare President Edgar Lungu eligible to stand in 2021 today failed to take off.
This is because lawyers representing leaders of Christian Democratic Party, Zambia Republican Party, New Congress Party and Citizen Democratic Party; Dan Pule, Wright Musoma, Peter Chanda and Robert Mwanza respectively sought an adjournment to enable them file an affidavit in opposition of Heritage Party leader Brigadier General Godffrey Miyanda’s submissions.
But Brig Gen Miyanda asked the full bench of ConCourt judges, led by its president Hildah Chibomba, not to prolong the adjournment, claiming he was under pressure from the four petitioners who were accusing him of delaying the main matter with his interlocutory issues.
Counsel for the Law Association of Zambia and the Attorney General did not oppose to the application for adjournment.
And the ConCourt dismissed arguments by the applicants’ lawyer that the interlocutory applications raised by Brig Gen Miyanda should be heard by one judge instead of a full bench.
The lawyers for Pule and others said interlocutory matters such as those raised by Brig Gen Miyanda ought to be heard by a single judge, which application Attorney General Likando Kalaluka supported.
But judge Mungeni Mulenga said the arguments were premature as there was already an application to adjourn the case.
The lawyers for UPND and LAZ, who are interested parties in this case, however did not agree with the reasoning of the petitioners.
They contended that there was no law which stopped the full court from hearing an interlocutory matter.
Brig Gen Miyanda wants the petition to be dismissed because it has no locus standi as they were leaders of their own political parties and could not speak for President Lungu.
The case comes up on November 15, 2017.