Supreme Court dismiss HH, GBM’s right to be heard case

THE Supreme Court has dismissed with costs an appeal by UPND president Hakainde Hichilema and his party vice-president Geoffrey Mwamba in which they were seeking rights to be heard over a presidential election petition.

In this case, Hichilema and Mwamba sued the State in the High Court after their presidential election petition was dismissed by the Constitutional Court and were seeking rights to be heard.

The case was being heard by High Court judge Mwila Chitabo but the UPND asked him to recuse himself on account of perceived bias but the judge refused to grant the request which prompted Hichilema to appeal to the Supreme Court.

The Attorney General, however, raised preliminary issues on the appeal and submitted that the Supreme Court had no jurisdiction to hear an appeal of that nature.

The State had also argued that since the appeal was on the recusal and not the Bill of Rights, it was supposed to go to the Court of Appeal and not Supreme Court.

After considering submissions from both parties, the Supreme Court sitting in Kabwe dismissed the appeal with costs because it has no jurisdiction to hear the appeal.

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