FORMER President Edgar Lungu has arrived at the Supreme Court where judges are scheduled to hear and determine the eligiblity petition to determine his eligibility to stand the previous and further elections.
The case finally comes up for main hearing following the recent dismissal of a preliminary issue raised by Mr Lungu who wanted three out of the seven judges handling the case to recuse themselves.
In this matter, youth activist Michelo Chizombe wants the court declare that Mr Lungu’s participation in the 2021 was unconstitutional and that he does not qualify to contest future elections.
Mr Lungu earlier filed an interlocutory application for recusal.
The former President wanted the court’s Judge president Margaret Munalula, her deputy Arnold Shilimi and Judge Maria Mapani-Kawimbe to excuse themselves from handling the case.
He claimed that Judge Munalula had previously rendered a dissenting view in favour of President Hakainde Hichilema and therefore, issues of bias arose.
Mr Lungu also claimed that Judge Shilimi was the President’s business associate and that Judge Kawimbe was related to the head of State.
But last week, the three judges refused to recuse themselves and further condemned Mr Lungu to pay costs to Mr Chizombe and the Attorney General for the dismissed application.
The judges refused to recuse themselves on grounds that Mr Lungu failed to provide proof of bias and observed that the unfounded allegations against them also border on contempt of court.
“This court will not condone such baseless accusations by counsel, through their client, against the bench,” Judge Shilimi said before dismissing the application.
The main hearing is scheduled for this morning and parties to the case have already arrived.
And Mr Chizombe, through his lawyers L.G Michaels legal practitioners, has given Mr Lungu a seven day in which to pay K1million in legal costs.
On Thursday, the Constitutional Court condemned Mr Lungu to pay the costs after it dismissed his application for three Judges to recuse themselves.
Mr Chizombe’s lawyer Michael Moono has since asked Mr Lungu’s lawyers, Makebi Zulu advocates, to pay the costs.
“In compliance with the court’s ruling, we hereby peg our fees at One Million Kwacha Only (ZMW 1,000,000.00) to be paid by your client forthwith but within seven (7) days from today,” the letter dated October 3,2024, reads in part.
Source:Mwebantu
