ConCourt Divided Over Kabushi and Kwacha as Five Judges Save Themselves

President Hakainde Hichilema has recently been accused of instructing Constitutional Court President Margaret Munalalu to make sure the appeal over the Kabushi and Kwacha parliamentary seats is unsuccessful.

The appeal hearing took place on Tuesday morning. Justice Munalalu instructed journalists and parties to exit the court room, only remaining with judges for a prolonged period of time.

Some sources have revealed that Justice Munalula informed the Bench that she has been instructed not to overturn the High Court verdict to declare Bowman Lusambo and Joseph Malanji ineligible for participation in the by-elections.

The ConCourt President disclosed that President Hichilema does not wish to see Lusambo and Malanji on the ballot paper in the Kabushi and Kwacha elections. 

Division came about when five judges then threatened to save themselves from handling the appeal matter on professional grounds.

The sources made it apparent that Judge Musaluke, Judge Anne Sitali, Judge Palan Mulonda, Judge Mungeni Mulenga, and Judge Judy Mulongoti are the five who threatened to boycott the appeal hearing.

Sources suggest that the five Judges believed the Kwacha and Kabushi elections to be void, thinking it suicidal for them to contradict their earlier ruling that nullification of a seat does not result in disqualification of a candidate.

The High Court sitting in Ndola failed to resolve the issue conclusively, instead referring any questions the aggrieved parties presented to them on to the Constitutional Court.

Since the Constitution Court previously ruled that nullification does not constitute disqualification, it consequently became challenging for the High Court to pronounce itself effectively on the matter.

On Wednesday the ConCourt is set to continue reviewing the Kwacha and Kabushi appeals with a fresh set of recently appointed Judges.