After the Attorney General, Likando Kalaluka , SC had filed a Preliminary Issue (PI) regarding the petition before the High Court, the petitioners raised issues with the PI that it wasn’t supposed to be heard. The ruling was to the effect that a party to proceedings can raise a PI on a point of law and at anytime of the proceedings. The objection by the petitioners was dismissed.
The lawyers to our president HH and GBM have now filed an opposition to the PI raised by the AG Chambers and that’s what’s coming up today and tomorrow Thursday.
What is the implications of this hearing? If it goes in the favor of the AG, the matter collapses but if not, that’s when it will proceed to be heard on whether the petitioners’ right to be heard was violated by the ConCourt or not. Lessons are that a PI can go in favour of anyone. A case, as I have learnt, is won or lost depending on how it is argued.
To me, it appears the petitioners don’t want to proceed to be heard because besides filing an opposition to the PI on Friday, they have again filed a motion for Judge Chitabo to recuse himself from hearing the pertition. Replacing a single judge, it cannot happen in a day, it takes years and that means the case will have to stert afresh. The learned Malambo Vincent, SC, who is also representing a ConCourt Judge, is a lead Counsel for Hakainde Hichilema and GBM.
In simple ways and understanding this case, we the pertitioners (UPND), are the ones playing a delaying tactics on the hearing of the pertion today.