LAWYERS representing Dr Charlotte Scott have asked the Constitutional Court to dismiss an election petition appeal lodged by Margaret Mwanakatwe because the record of appeal has irregularities. According to submissions by Dr Charlotte’s lawyers led by Mulambo Haimbe after the court allowed them to raise a preliminary objection, the respondent’s lawyers asked the court to dismiss the appeal, saying the irregularities on the record rendered it incomplete.
Haimbe said the preliminary objection was according to Order 11 Rule 12 of the Constitutional Court rules. He submitted that the respondents noted that the record of appeal contained handwritten matter which they considered as commentaries in respect of the content of the record on those pages.
“The rules of this court are clear that only such matters as was before the court below ought to grace the record,” Haimbe said.
He submitted that by including handwritten commentaries which clearly were not part of the record of the court below, Mwanakatwe had violated the provisions of Order 11 Rule nine which prescribes what ought to be contained in the record of appeal.
He added that in terms of Order 11 Rule nine (four), Mwanakatwe was under mandatory obligation that all evidence before the lower court be included in the record of appeal.
“Given the nature of irregularities, especially the omission of the evidence before the court below and the inclusion of erroneous matter are fatal as they render the record incomplete,” Haimbe said.
And lawyers for Mwanakatwe led by Eric Silwamba stated that the respondent also violated the rules of the court by raising preliminary objections without notifying them. Silwamba said the court only had two options – to either not entertain the application to raise preliminary objection or to give them time to respond.
The court has adjourned the matter to November 16 for hearing.