Politics

JCC Overstretched Its Mandate on Petition Ruling, says Chipimo

NAREP president Elias Chipimo says the ruling by the Judicial Complaints Commission (JCC) that that Constitutional Court erred on its 14 day interpretation in the presidential petition is outside its mandate.

Chipimo said the JCC had no powers to rule against a decision by the Constitutional Court as it was the final court of appeal.

He said that while he was not disputing the rationality of the decision by the JCC he could not overlook the fact that they overstepped their mandate by rubbishing the decision of the Constitutional Court.

Green Party president Peter Sinkamba had filed a complaint with the JCC in September alleging misconduct on the part of Constitutional Court judges in the manner they threw out presidential petition on a technicality.

The JCC said that the Constitutional Court had erred by throwing out the petition at the 10 day mark instead of the requisite 14 days.

The UPND has refused to give up on the thrown out petition and has been jumping at every possible window to squeeze in their grievances in the post-election period.

17 Comments

  1. mwaba

    It was not about interpretation but incompetency by the judge ba President chipimo.

  2. Dullah

    Chipimo said “the JCC had no powers to rule against a decision by the Constitutional Court” ?????

    This was not a “ruling”. It was the identification of improper procedures!!!!

    And there was NO DECISION ! The Constitutional Court made no findings but simply said it was time up. They were duty bound to HEAR THE PETITION, which through their incompetence THEY FAILED TO DO.

    So the JCC has a completely valid point.

  3. M.M.

    Well, the constitution says 14 days and does not say 14 working days. So, the lawyers on both sides should sought the Concourt indulgence to interpret the 14 days from day one so that both parties should have known what time limits they were dealing with. But overally, even assuming that the ‘lost’ four days were indeed not lost, would the court have managed to conclude the matter when in fact 10 days had already been squandered on preliminary issues? I am just wondering.

    • P.H

      The constitution says,the pertition should be heard in 14 days.It means that each day you hear a pertition is counted.Saturdays and Sunday where they donot hear the pertition is not counted becoz the dont work and so they cant hear it on these days.It means that those 14 days could be working days.

  4. Ndindindi

    Surely, if judges cannot understand and interpreted the constitution, nga ifwe fee ma laymen, 10 working dez 14dez,which is which, you stinking eggs,

  5. Wise me

    Do we still need this junk at this hour. Why do we have the monitors from the international, local communities including from political parties reporting on the fairness of the elections. What was the problem in providing evidence which the agrieved Party readily had even with a few hours. Simple! Some people believe in using Crooks method of achieving their goal. Is it evident enough that the UPND has less numbers in Parliament? The parttern in Zambia is that people vote for the Party not the individual. Where would the UPND presidential candidate have gotten the majority? Talking about the Green Party’s indulgence, I think it is mischievious bent on causing confusion. It is largely base on opinion rather than facts. The best would be him to also petition the ECZ in court fnmor his loss.

    • Lolo

      Wise me you are wise.

    • abilima

      Wise Me – People should learn from what is happening in Kenya. Mr. Odinga and the Supreme Court just created unnecessary confusion where lives are now being lost – for nothing other than egos.

  6. Real man

    10days or 14 days judges failed to interpret who Is going to interpret for us didn’t study law ????????????

  7. mulongoti

    That’s what the wise man can say we don’t want trabo tomorrow is prayers day the green party shud not b the referee in this matter let Mr sinkamba cud have petitioned on his own why wait up to now let’s wait for 2021

  8. Christopher Silwamba

    Direst Country Men Us Follow The Michael Chilufya Sata Way Mhsrip To Look Up To 2021 Elections For The Seck Of Peace In Our Country We Have Only One Zambia No Were To Ran To We Are The Ones To Receive The People Who Are Ranning Away From Their Countries You Can Even See For Your Selves Zambians. Yours Fellow Zambian Chris Sills.

  9. Chisenga

    THE CONCOURT HAD NOTHING TO HEAR BECAUSE THE UPND FAILED TO PRESENT WHATEVER IT WAS THAT THEY WANTED TO BE HEARD WITHIN THE STIPULATED TIME. APART FROM PRELIMINARIES. NO SUBSTANCE.

  10. gmn

    LET PETER SINKAMBA BE FREE TO TALK WHAT HE SAW AND WHAT HE KNEW
    P SINKAMBA TEL THEM THE TRUTH

  11. gmn

    LET PETER SINKAMBA BE FREE TO TALK WHAT HE SAW AND WHAT HE KNEW
    SIR ; P SINKAMBA TEL THEM THE TRUTH

  12. gmn

    LET Elias CHIPIMO BE FREE TO TALK WHAT HE SAW AND WHAT HE KNEW
    SIR ; Elias CHIPIMO TEL THEM THE TRUTH

  13. Tom

    The concourt followed the new constitution whuich says hearing 14 days .it is not their job to tell SInkamba or UPND lawyers that the new constitution has alot of lucunars .This passed UPND s MPs in parliament before it was enacted or before it came into law . My çuestion is are UPND MPs very dull that they did not notice this in parliament.shame on you UPND&PF MPs for giving us a fake constitution.

Comments are closed.