Constitutional Court Dismisses Hakainde Hichilema’s Case

The Constitutional Court has dismissed a case in which UPND Leader Hakainde Hichilema was challenging President Edgar Lungu’s decision not to hand over power to the Speaker of the National Assembly during the hearing of the Presidential election petition in 2016.

Judge Professor Margaret Munalula says in her judgment that both President Lungu and the Speaker of the National Assembly Patrick Matibini could not be held to have been in contravention of any constitutional provision when President Lungu continued to perform the executive functions.

Judge Munalula further ordered for each party to bear its own cost. This is because of the importance of the issue raised as it is constitutional in nature.

In this matter Mr. Hichilema and his then Vice President then Geoffery Mwamba petitioned the Presidential elections and wanted the court to order President Lungu to hand over power to Speaker of the National Assembly pending the outcome of the petition.

Mr. Hichilema and Mr. Mwamba argued that the continued stay of President Lungu in the office, while his election was petitioned, is contrary to the provisions of the Constitution.

But, Attorney General Likando Kalaluka asked the court to dismiss the petition because Mr. Hichilema and Mr. Mwamba were not entitled to the remedies they were seeking.

In her judgment, Judge Munalula said the court entirely agreed with the position of the Attorney General.

The Court further said that it did not see a provision in the Constitution that allows the Speaker to assume Office of the President under the circumstances of the 2016 Presidential elections.

The other judges that heard the matter are judges Anne Sitali, Mungeni Mulenga, Palan Mulonda and Martin Musaluke.

Copyright © 2020 ZR.


  1. 5x unfit for plot 1

    Kalusa again.

  2. Angoni

    Expected as UPND are cry babies, where are the advisers of HH? Anyway this man doesnt take advice.

    • ba Seer 1

      Don’t say shit against a candidate just because. you hate him, You are the Same people who would rather eat feaces because the person you hate is the one who prepared a meal. Imbwa sakala iwe

  3. Addis ababa

    Seer 1

    • Leon

      Until the the three arms of government are separated opposed to the executive appointing who runs the judicially ,judges will remai

      • Leon

        Until the three arms of government are separated judges will remain rubber stamps

  4. Sibweni

    Constitution court hearing upnd are abused it 4 them 2 use it while they knew that the petition had no ground. I see pipo dream of upnd winning 2021 as a joke bcoz u can’t win election on falsehood of corruption and poor rule of law within the upnd. Violent is not a policy 2 win power from pf but show us who never voted 4 upnd how develop yo south,west and north-west hav develop under yo control non. If it was under MAZOKA May b i would hav voted 4 upnd. Concourt ruling is not a surprise 2 me.

  5. Bruno mars the moonshine jungle masters

    Fake Judge bwafya. Fearing of loosing their jobes.But mu zambia aawe mwaandini God is watching. 2021 is just near the Conner

  6. Razor

    As expected from the PF Concourt. Nothing new.

  7. Zattie Bee

    I see PF winning again in2021 n many people dying because of upnd political political violence sponsored. Please titen security to avoid this.

  8. Curtis

    The nature of events determines which is which just wait for 2021 the people will decide their fate.

  9. Roberto Carols

    Winning an election is always about numbers. Lately I av only been hearing of pipo, of course from the South, trekking to PF. In big numbers. Baby hh wl cry once again. Mwafweni ekapona!

  10. Kapobe Kennedy jr

    Ba hh kuwayawayafye, u will never govern this nation you are cursed mundala

  11. Engineers

    HH bring real issues out not ivo va ma petition, for your own info PF is very strong ka.

  12. Webster panganani

    Olo ati mulandusuwola awe ba HH, Barry the hatchet UpNDizzzzzz

  13. Pf forever

    hh will die with chikonko. pf for life

  14. itx sane

    God is upon our lives…I am just waiting for Seer1 results on Sunday.

    • Fonko Fonko

      Whatever comes out from seer 1 will still vote for pf. This man pretended to be a man of God and people went to him to seek refuge in the name of Jesus. Yet he was fake, It’s now that he has revealed himself that he uses his forefathers powers instead of holy name.
      By the way, why was he deported in the first place?

  15. Lawrence

    GodsG time is the best for 2021 but am promising that upnd is taking over the city of the president.

  16. Lawrence

    Gods time is the best for 2021 but am promising that upnd is taking over the city of the president.

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