THE Constitutional Court yesterday observed that the case in which Dan Pule and others are seeking the court’s interpretation on whether President Edgar Lungu is eligible to contest the 2021 Presidential elections has dragged for a long time on account of several adjournments.
The court made this observation when it was ruling on an application by PF secretary general Davies Mwila, who was appearing in person, to adjourn the case because the lawyers who were representing him and the party have withdrawn their legal services.
The court, however, said it was in the interest of justice that it was allowing the adjournment to enable Mwila engage new lawyers but observed that the case was dragging on account several adjournments.
Earlier, Mwila submitted that he needed time to engage another lawyer to represent them because he was not an individual in the case who could represent himself.
“I am appearing in person because we have parted company with our lawyer, so we need time to hire other lawyers,” he said.
Mwila said he would accept the court’s ruling but added that as PF, it had already indicated that the party needed resources to engage a lawyer.
The lawyers representing Pule and others led by Bonaventure Mutale submitted that they wanted to find a way of consolidating all the issues raised in the case and see how they could resolve them.
He said it was their opinion that Mwila was not capable of appearing in person or individually.
Mutale said the greater interest of justice would dictate that Mwila be given time to find his own lawyer to represent him and the party in the matter.
Sakwiba Sikota added that it was vital to allow Mwila place a lawyer on record, otherwise the interest of justice would be limited.
This matter came up for consolidation of all the issues raised and also to hear whether parties had reached consensus after Attorney General Likando Kalaluka indicated to the court at the last hearing that he had tried to engage all the parties in the matter to reach consensus on preliminary issues raised but failed to agree.
Kalaluka had submitted that he had engaged the Law Association of Zambia (LAZ), the UPND and Brigadier General Godffrey Miyanda but failed to reach consensus.
And Brig Gen Miyanda yesterday reminded the court that when the matter was adjourned, it was in order to explore what was placed on record to resolve the matter. JC