Thu, 22 Jun 2017 09:38:30 +0000
BY CHIKUMBI KATEBE
THE Kasama Central Constituency elections appeal before the Constitutional Court yesterday failed to take off after lead defence lawyer Mulambo Haimbe was involved in a road traffic accident over the weekend.
A full bench of the Constitutional Court heard yesterday that lead counsel Mr Haimbe could not attend court because he had suffered a serious road traffic accident that have resulted in 28 stiches among other wound sustained thereof.
Losing UPND candidate Sibongile Mwamba appealed before the Constitutional Court against the Lusaka High Court’s decision to throw out her petition against PF’s Kelvin Sampa’s election as Kasama Central Member of Parliament.
According to the stand-in lawyer who represented Mr Haimbe, it was reported that the counsel needed enough time to heal as his injuries could not subsidise in the shortest period, but could require adequate time.
This was after defence lawyer applied for a caveat against any inquiries over the heads of argument filed before court, after he informed that the court that he was familiar with the contents therein, but that “I will be less fruitful in case the court requires to seek clarification”.
In response, Justice Ann Sitali sitting together with Justcioe Mungeni Mulenga, Justice Enock Mulembe, Justice Palan Mulonda and Justice Margrat Munalaula, said the court would definitely require some applications on some arguments and so granted the adjournment to allow for the author of the arguments to be fit to come to court.
“And I totally agree that we cannot go ahead without the original author of the arguments and so we will wait for the originator of the document,” Justice Sitali said.
They have since adjourned the appeal hearing to 26th July, 2017.
