HH forum shopping-AG

Fri, 16 Jun 2017 13:24:48 +0000

By CHIKUMBI KATEBE

THE Attorney General insists that the duplicity of the UPND petition filed before the High Court and the Constitutional Court respectively amounts to forum shopping and therefore, should not be entertained before Court.                       

This was in a hearing before a full bench of the Constitutional Court led by president Justice Hildah Chibomba where Attorney General Likando Kalaluka argued that the mere fact that the two applications emanated from the same case was enough to suggest that the petitioner was forum shopping. Mr Kalaluka submitted that the two petitions before the High Court and the Constitutional Court respective should not be entertained to avoid duplicity of cases because they risk delivery of conflicting judgments.  This is in a matter in which incarcerated UPND president Hakainde Hichilema and five others have petitioned the High Court and the Constitutional Court respectively against their treason charge. Mr Kalaluka said the court must not be persuaded to hearing the two separate matters when they were based on the same case. He explained that only the Constitutional Court was empowered to interpret the law and without prejudice, therefore the higher court must be allowed to determine the matter without duplicity by commencing other proceedings before the lower court.

He said the Constitutional Court had jurisdiction beyond the High Court and so must be allowed to hear and determine the case without the lower court commencing such action.But Mr Hichilema has argued that the two cases were different as they sought different reliefs pursuant to different provisions of the law. State Counsel John Sangwa submitted before court that the two cases were filed under two different sections of the law and sought different reliefs as opposed to assertions that they sought similar reliefs. He said in the High Court matter, the petition was filed pursuant to Article 28 enforcing the Bill of Rights while before the Constitutional Court petition was contravention of Article 125 in a matter of section 123 (1) of the Criminal Procedure Code  Chapter 88 of the laws of Zambia. Mr Hichilema together with his co-accused Hamusonde Hamaleka, Muleya Hachinda, Mulilanduba Laston and Haloba Wallace have petitioned against their treason charge and have applied for the interpretation of the law on granting them constitutional bail.

The matter has since been adjourned pending ruling.