However, the court refused to discontinue the matter
Lawyer for United Party for National Development (UPND) Mulambo Haimbe and Petitioners against Lungu grew cold feet to proceed with the case in which the Petitioners were seeking to block President Lungu from contesting the 2021 elections.
Mr. Haimbe abandoned his clients, Joseph Busenga, a member of UPND and Bampi Kapalasa, Katuba Member of Parliament, on Monday afternoon petitioned the Constitutional Court on President Lungu’s Eligibility.
The Court refused to discontinue the matter even after the Petitioners grew cold feet to proceed with the matter.
The Petitioners, without giving any plausible reason applied through their lawyer to discontinue the case in which they seek the interpretation of whether President Edgar Lungu is eligible to stand but the Attorney General objected to the request to discontinue without the court pronouncing itself on the matter which the Court had earlier decided in the Dan Pule case.
Attorney General Likando Kalaluka, Solicitor General Abraham Mwanza and Principal State Advocate Francis Mwale took turn to object the oral request to discontinue the matter stating that the matter was one of public interest which cannot be ended by a discontinuation.
The trio cited the fact that this matter has raised unnecessary public debate despite the Court having fully pronounced itself on the matter on Article 106 clauses 1, 3 and 6.
The Attorney General said it was in the interest of justice for the court to make itself more clear that it has already decided matters associated with Article 106 which paved the way for President Lungu to contest the 2021 elections.
Upon the ruling of the Court not to entertain the application to discontinue the matter but proceed to hear the Preliminary Issue raised by the Attorney General, the UPND lawyer grew cold feet and applied to be excused from representing the two UPND applicants.
The Court then excused Mr Haimbe and adjourned the matter to Wednesday to allow the applicants to retain another lawyer.
Mr Haimbe is one of the lawyers who had also abandoned Mr Hakainde Hichilema during the Presidential Petition.
