Concourt to hear application for recusal of 3 judges today at 14:00 hours
Concourt to hear application for recusal of 3 judges today at 14:00 hours
CONSTITUTIONAL Court president Maragaret Munalula has directed Edgar Lungu to file an application for her recusal together with two other judges by 13: 00 hours to all the bench hear the application by 14: 00 hours.
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The matter was stood down after Makebi Zulu requested to have an audience the Constitutional Court judges on reasons that, Lungu had filed a complaint against three judges at the Judicial Complaints Commission (JCC) for alleged bias.
Lungu cried to the JCC that President Hakainde Hichilema does not want to see him on the ballot paper for the 2026 general elections.
He alleged that Judge Munalula was among the judges reported at the JCC together with those suspended by President Hakainde Hichilema judges Ann Sitali, Mungeni Mulenga and Palan Mulonda, yet she has not been suspended for disciplinary hearings.
The former president alleged that judge Arnold Shilimi manages companies that President Hichilema has or had interest in while judge Mapani Kawimbe is the wife of ZESCO managing director Victor Mapani.
He said the three want to serve the interest of the President to prevent him from contesting future elections, as have not declared interest regarding to their affiliation with the president.
When Lungu’s eligibility case resumed, Zulu submitted that he had received instructions from his client to file a formal application for recusal against Concourt president Margaret her vice judge Shilimi and Mapani Kawimbe.
Zulu said he will file the necessary application by Monday or go by the Court’s decision so that the application can be heard.
Lawyer representing the Electoral Commission of Zambia, Mukunsa Bwalya said the Electoral body was ready to proceed with hearing the main case and Lungu could make oral submission for recusal.
Attorney General Mulilo Kabesha said Lungu has a right to make an application for recusal but urged the court to proceed with hearing the main matter as no formal application had been made.
“They can even make it next year, For now we can proceed there’s no application,” Kabesha said.
Lawyer representing Michelo Chizombe Micheal Moono said his client was ready to argue his petition.
“Our position is that all the parties to the matter had been aware of today’s hearing date and had sufficient time to make any formal application as they would have desired,” he said.
He indicated that the application for the recusal of judges ought to have been made in good time hence applying to have the matter adjourned today is an afterthought and the same is intended to merely interrupt and embarrass the proceedings.
“The court must proceed today and Lungu may proceed to file his application whenever he chooses and it will be attended to when the court decides. There’s no application before Court but merely an application to do so,” Moono said.
“Hearing the matter today does not end today the court may schedule other hearings and judgment or otherwise. It does not mean that the failure to hear the application today will be fatal or otherwise.”
Zulu said the application is for leave to formally file an application for recusal.
“The application is emanating from points of fact that cannot be come from the bar but has to be submitted through sworn testimony. It is impossible to argue the application here and now,” he said.
“I want to believe the submission by the Attorney General was a joke. If it wasn’t an application for recusal is a treshold issued it is intended to secure a fair hearing.”
He said Lungu feels that he will not be afforded a fair hearing.
“The person making the application is saying I can we correct the perception of bias so that the person hearing me may have no interest to serve,” Zulu said.
He indicated that he would not respond to Moono but, the suggestion that the application can be made at any time is untenable.
Zulu further prayed that he be granted leave to file the application for recusal.
Ruling on the application Jude Munalula said; “It is in the interest of justice that leave be granted to file the application. We order that the application be filed by 13:00 hours and the application will be heard by 14:00 hours today.”
By Mwaka Ndawa
Kalemba September 26, 2024.