Thu, 16 Mar 2017 09:37:25 +0000
BY CHIKUMBI KATEBE
THE Lusaka High court is today expected to hear an application by UPND leader Hakainde Hichilema and his vice Godfrey Bwalya Mwamba who are demanding that Justice Mwila Chitabo should recuse himself from a matter involving the two.
Justice Chitabo adjourned the hearing to this morning to allow time for the Attorney General to respond as he was only served with the documents yesterday which did not give him enough time to acquaint himself with its contents for a possible reply.
This is in a preliminary issue raised in the case in which Mr Hichilema and Mr Mwamba petitioned the High Court over the Constitutional Court decision to throw out a presidential petition for want of prosecution following the expiry of the 14 days period in accordance with the Constitution, among other substantive reliefs.
Other reliefs sought included an order to declare that the manner in which the Constitutional Court interpreted the 14 days in Article 101 and 103 was ultra vires Article 18(9) of the Constitution, which infringed on the rights of the petitioners.
But the petitioners have since filed a notice of motion for recusal and for an order to transfer the case from Mr Justice Chitabo.
“That there is reasonable cause to question his lordship’s impartiality in this matter on the ground of personal bias or perceived bias in his conduct of the proceedings; and
“That his lordship cannot otherwise preside over this matter due to a conflict of interest which disqualifies him from so presiding,” they applied.
Mr Hichilema and Mr Mwamba have previously accused the court of being impotent, incompetent and biased especially after the various complaints submitted against the Constitutional Court judges currently before the Judicial Complaints Commission over the conduct of ConCourt president Hildah Chibomba, Justice Annie Sitali, Justice Mungeni Mulenga, Justice Margaret Munalula and Justice Palan Mulonda.
