We’re engaging Chief Justice over petition – Longwe

…says he had submitted his petition within the stipulated time through the Post Office because the Judiciary’s electronic registry was allegedly down

By BARNABAS ZULU

UPND senior member Charles Longwe has disclosed that petitioners against the reelection of President Hakainde Hichilema are engaging Chief Justice Dr Mumba Malila with the hope of halting the inauguration of President Hakainde Hichilema if the presidential petition filed by him and others will not be heard.

Mr Longwe, who is one of the petitioners challenging the August 13 presidential election, says he and others were taking lawful court action to secure the interests of the country ahead of President Hichilema’s inauguration.

Speaking in an interview yesterday, Mr Longwe said the petitioners had submitted their petition within the stipulated time but the Judiciary’s electronic registry was allegedly down, making it impossible to complete the filing process.

He said the petitioners had since written to Chief Justice Dr Malila seeking clarification after reports emerged that no presidential petition had been lodged before the Constitutional Court.

“It would be inappropriate to say that the Chief Justice said that because we haven’t heard from the Chief Justice. We have written as petitioners. I think myself, Linda (Kasonde) has also written. So, to say that, and he hasn’t officially responded to us, but we saw some correspondence, I think, between government departments saying that there was no petition,” Mr Longwe said.

Mr Longwe said the petitioners expected the Chief Justice to respond because he was responsible for swearing in the President under Article 105 of the Constitution.

“Our position is that we petitioned in time and that it was the registry which was down, and it’s not our fault,” he said.

He said the petitioners would take appropriate legal steps if authorities proceeded with the inauguration before the matter was resolved.

“We will take steps. We are taking steps tomorrow (today). Because we petitioned in time. On one side, the time is counting to the inauguration. So, if they want to do that, they have to address that issue before the inauguration,” he said.

Mr Longwe, however, declined to disclose the specific legal action they would take, saying they first wanted to receive an official response from the Chief Justice.

“We expect that tomorrow, there’s sufficient time. Tomorrow, we hear from them depending on which direction. Then, we’ll take that necessary step to secure our interest. And I can tell you, it’s all lawful. It’s a court action. We are taking it. It will be a court action,” he said.

He further clarified that the petitioners would seek a stay of the inauguration rather than an injunction against the State, saying they were pursuing the matter through lawful judicial channels.