Lusaka High Court removes six respondents from HH’s petition case

HH and his supporters leaving the courtroom – picture by Albert Mpezeni

The Lusaka High Court has removed six respondents from the case in which UPND President Hakainde Hichilema is challenging the decision by the Constitutional Court not hear his presidential petition.

This was after Lawyers for the state had earlier applied for a disjoinder of the first, second, third, fifth, sixth and seventh respondents on grounds that they cannot be sued as they occupy executive positions.

The Court has removed President Edgar Lungu as first respondent, Vice President Inonge Wina as second respondent, the Electoral Commission of Zambia (ECZ) as third respondent, the Chief Justice and Deputy Chief Justice as fifth and sixth respondents and the Constitutional Court as the seventh respondent.

The Attorney General will remain as the only respondent in this matter representing the State.

Delivering ruling on the application this afternoon, High Court Judge Mwila Chitabo ordered that the named respondents be disjoined from the case after studying the submissions from the State carefully.

Judge Chitabo however said he will not disjoin the respondents with costs as earlier applied by the State as doing so is a discretion of the judiciary.

And Judge Chitabo has set December 15th, 16th, 19th, 20th and 21st, 2016 as dates for the hearing the case brought by UPND leader Hakainde Hichilema and his Vice Geoffrey Mwamba.

Meanwhile, there was commotion at the Court grounds as UPND supporters clashed with Police who fired tear gas canisters to disperse them.