Q FM Africa's Modern Radio
Constitutional Court
The Constitutional Court has sent back to the Lusaka High Court the matter in which Munali PF Member of Parliament Professor Nkandu Luo challenged the nullification of her seat by the lower court.
The Case has since been adjourned to 24th March, 2018 this is to able for the viewing of the video of evidence.
The ConCourt ruled on the interlocutory matter on whether or not the ConCourt can proceed to hear the appeal without viewing the contested video evidence.
The court ruled that the trial judge review the authenticity of the video before proceeding to hearing the case.
ConCourt judges have however ordered the Lusaka High Court Judge who was in charge of the petition to review the video evidence with both parties present.
The matter will only be referred back to the constitutional court for the continuation of proceedings depending on the findings from the lower court.
When the matter came up today before judges ANNIE SITALI, MUGENI MULENGA, and ENOCK MULEMBE, Judge MULEMBE told the court that it is in the interest of justice that the matter be sent back to the high court for reviewing of the video content for proper determination of the matter.
Meanwhile in relation to UPND’s Doreen Mwamba’s application in which she asked the court to dismiss the matter as the video supporting the case went missing, judge MULEMBE said the court saw no need of addressing the said application.
Meanwhile UPND leader Hakainde Hichilema who was present in court has suggested that the ruling is a clear indication of delayed justice.
He says this is because the matter has taken over 90 days, which he says should not be the case.
Mr. Hichilema further laments that the way the case is being handled is the same way his presidential petition was handled.
He says the matter is very emotional and should be given the attention it requires, adding that the country’s judicial system should understand that the reason why people go to court is to seek speedy justice.