Thu, 08 Dec 2016 11:07:08 +0000
By Chikumbi Katebe
LUSAKA High Court Justice Mwamba Chanda has adjourned the hearing of Obvious Mwaliteta’s application for constitutional bail on the grounds that there was no specific rule cited in the order.
And Constitutional Court Justice Enock Mulembe has deferred hearing of the Margaret Mwanakatwe’s application for a stay of judgment in the nullification of her Lusaka Central Constituency seat to Tuesday next week because the defence requested for time to study the matter.
Ms Justice Chanda in her directives explained that Mr Mwaliteta’s application for constitutional bail did not provide the specific order under which his request was based on.
She directed his lawyers among them Keith Mukata and Keith Mweemba to go back and amend their client’s application to make it suitable for the court thereof.
This is a matter in which Mr Mwaliteta applied for a constitutional bail following his continues incarceration after his arrest in August on charges of aggravated robbery.
Mr Mwaliteta has requested for the High Court to grant him a constitutional bail because of his ill health for which he required strict medical attention that was not available in prison.
He charged that if not granted, he risked serious medical complications including death.
Mr Mwaliteta, who is a UPND sympathiser, was arrested with four other suspects on allegations of aggravated robbery that took place in relation to the August 2016 general elections.
And Mr Justice Mulembe deferred hearing in a stay application against High Court Justice Mwiinde Siavwapa’s judgement that nullified the election of Ms Mawanakatwe as Lusaka Central Member of Parliament.
This was after counsel for the petitioner, Charlotte Scott, applied for an adjournment to allow them enough time to study the application as they were served late.
The matter came up for hearing following an appeal against Mr Justice Siavwapa’s ruling for a stay after he refused to grant a stay citing that it would be illegal to stay his own judgment.
Ms Mwanakatwe has submitted before the Constitutional Courts that it was her prayer that it had the jurisdiction to unveil the restrictions exposed by the High Court, and grant her a stay to allow for the people of the Constituency to have representation in Parliament.
And the Electoral Commission of Zambia (ECZ) has applied to be misjoined from the proceedings in the preliminary issue raised by Ms Mwanakatwe before the Constitutional Court.
In their notice of intention raising preliminary issues under Order 33 Rule 3 of the Supreme Court Rules 1999, ECZ have cited that they should not remain party to the proceedings because the only allegation levelled against them was contained in the petition which the court below already addressed.
They said all grounds on which the appeal to the superior court was made did not in any way relate to the commission, hence the application to be disjoined.