YOUTH activist Michelo Chizombe says the Constitutional Court was offside when it relegated constitutional hurdles for Edgar Lungu’s third bid to contest the 2021 general election.
During hearing of a preliminary issue raised by Lungu to have the case dismissed on a point of law, Chizombe’s lawyer Micheal Moono said the Constitutional Court was wrong when it decreed that Lungu did not serve a full term when he first assumed the office of president and that the same term was inherited from late President Micheal Sata.
In this case, Chizombe is questioning Lungu’s eligibility to contest in the 2021 general election and future elections after being sworn into the office of President twice
Chizombe who has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents in the matter indicated that Lungu contravened the constitution when he participated in the August 12, 2021 general elections.
Lungu raised a preliminary issue asking the Court to dismiss the matter on reasons that its mandate over his eligibility had expired as it had already decided upon his case.
Submitting before Judge president Margaret Munalula, her deputy, Arnold Shilimi, Ann Sitali, Mungeni Mulenga, Palan Mulonda, Martin Musaluke, Mathew Chisunka, Judy Mulongoti, Mudford Mwandenga, Maria Kawimbe and Kenneth Mulife, lawyer representing Lungu, Makebi Zulu said Chizombe’s petition was an abuse of Court process.
He said Chizombe shares the same view with the Legal Resources Foundation Limited, Historian and political commentator Sishuwa Sishuwa and Chapter One Foundation Limited who petitioned Lungu for abrogating the law by filing in his nomination papers as the PF presidential candidate in the August 12, 2021 general elections after being sworn into office as President twice.
Zulu said Chizombe cannot claim that he is seeking new reliefs by relying on a dissenting judgement by professor Munalula when she pronounced that the term that Lungu completed on behalf of Sata was a full term although it lasted for 19 months.
“They are saying the judgement of the majority of this court is wrong and it is that of the single judge which is correct. There is record estoppel after the court determined the matter,” Zulu submitted.
“The court determined the issue of eligibility with finality in the previous cases. The doctrine of Res judicata kicks in. Article 52(4) of the Constitution says any person requiring to challenge the nomination of a person ought to do so within seven days.”
Zulu said Chizombe has raised the dust three years after it was settled and the issues to do with Lungu’s eligibility were dealt with to finality and it is incompetent to ask the same questions.
“To rely on a dissenting judgement to move this court to want a review of this court is itself an abuse of the Court process. There must be a finality to matters and judicial decisions must be accepted as correct,” said Zulu.
In his response Moono said Zulu had misconstrued Article 101(4) of the constitution by saying the matter ought to have been brought in 2021 as the same relates to nullifying the election of the president elect.
“If the petitioner wanted a nullification of the winning candidate’s election they would have done so within seven days. The argument that the petition it is time bound is legally flawed,” Moono said.
He argued that the Court only loses its authority on a matter when all the pertinent issues have been extensively dealt with.
“They can’t say the Court is functus officio when we have just begun. Functus officio only applies when an issue is raised in the same action where the court has already rendered judgement. The preliminary issue is without merit,” Moono argued.
“The petitioner has not been before this court he certainly cannot be said to be re-litigating and cannot be guilty of abuse of court process. For Res judicata to be considered, the parties in the current case must be the same as the parties is the case where judgement has been concluded.”
He said the Concourt omitted to combine Section 2 and 7 of cap 1 of 2016 in determining which constitution was applicable to the transition of presidency during the two constitutional regimes.
“Had this court examined the correct effect of section 2 and 7 read together it would have arrived at an inescapable decision. We can’t say Res judicata to a judgement Who’s legal soundness we are intending to impugn(challenge),” Moono argued.
“The legal Resource Foundation judgement was wrong, to raise Res judicata of the judgement we intend to impugn is contradictory and legally flawed.”
Moono added that the rule of Res judicata is not an absolute bar to the court to determine Chizombe’s case, as it is erring for lawyers to guide clients and the public at large on judgement rendered without due regard to the law.
“It is our duty to ensure that law is applied correctly. The petitioner wants to impugn the judgement that Lungu is relying on to say the case is Res judicata (already decided upon),” said Moono.
The Electoral body indicated that it would not make any viva voce submissions but would rely on the documents it had already filed in Court.
Solicitor general Marshal Muchende asked the Court to determine the matter on its merit and not at preliminary stage as it has always guided
“You are not about to change your DNA of not determining matters at preliminary stage in this case of public interest. The preliminary issue is misconceived at law and demonstrates misapprehension on the fundamental principles of Court,”he said.
Chibesa Mulonda argued that the issues raised by Chizombe have not been decided upon as no final decision was made regarding Lungu’s eligibility pursuant to Section 2 Act no.1 of 2016.
He said the Court in the Bizwayo Nkunika vs Lawrence Nyirenda case the Court made it clear that its authority bestowed on it by Article 128 of the Constitution in so far as it relates to interrogating the violation of the constitution cannot be ignored.
Micheal Mutwena argued that the principle of Res judicata does not apply to a pure question of law and the rule of procedure cannot supersede the law of the land.
However, Zulu argued that Lungu is being troubled the fifth time based on the same facts, interest and legal issues of his eligibility.
“It is in the interest of the State that there should be an end to litigation. The Bampi Kapalasa case, legal Resources Foundation and other cases were considered as re-litigation not considering that the parties were different with those in the Dan Pule case,” said Zulu.
“The petitioner has told you that you were wrong in your three other decisions meaning they had recourse to your decisions and simply do not agree with you. There cannot be a challenge to the nomination now, that horse has already bolted.”
Jonas Zimba said there was no different cause of action before Court.
“There is record estoppel, fact estoppel and the matter cannot be re-litigated.The subject matter is the same with other cases and the defense of Res judicata should succeed. Five matters against one person (Lungu) why this person?,”said Zimba
Professor Munalula reserved ruling for Juy 8 at 09 :00 hours.
After the session Lungu trotted to the fence to wave at a crowd that gathered outside the Court premises to offer him solidarity.
By Mwaka Ndawa
Kalemba June 15, 2024.
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Right Here are the top advantages of utilizing a full body workout training program.
Just because you’ve “rest” days doesn’t imply you don’t do something.
In truth, this is the time to get things accomplished that
you’ve been pushing aside. If you’ll have the ability to put extra weight on your whole
larger lifts, you could not be succesful of add
weight to the workouts towards the top. This is perfectly fantastic
as long as you might be pushing it to failure.
Some of that further energy is used to construct new muscle tissue.
When you mix a calorie surplus with common energy coaching,
more of the load you gain will be lean muscle mass.
If you utilize a very sluggish and clear bulking strategy,
this works.
Days 5 and 6 are for energetic recovery or a well-deserved break.
Refuel with correct nutrition and consider enhancing your
protein consumption, maybe with an extra scoop of Combat Protein to
support your bulking targets. On that note, if you’re only coaching 3 days a week you should make positive that you’re exercises are intense and you’re exhausting the muscle each exercise, every set.
Training three days a week might not look like a good way to gain mass.
Having that extra relaxation day in the center of the week give your body and muscular tissues a chance to recover.
You can use our nifty calculator to learn the way many calories you should eat the easy
way. While it is valid to some extent, going overboard together with your food intake will make you more fats than muscular.
Energy are a method to measure the energy in the meals we eat.
Even expertly-designed workout plans don’t work with out motivation and energy.
You’ll be managing each diet and coaching with a double-barrel shotgun strategy.
We want to provide the alternative to carve out something you haven’t had shortly –
a physique that you could be proud of.
This is the important thing to constructing serious muscle
mass, energy, and strength during your bulk section. With bulking up, you should be
working in the low-rep ranges—typically between 2 and 6 reps per set—using plenty of weight (from
80-95% 1-Rep Max). Males and ladies build
muscle via the identical physiological mechanisms, and each benefit from a caloric surplus when attempting to add muscle mass.
A nice and straightforward way to know you’re on the right track is to log
your training classes and attempt to beat your last exercise.
Our exercise log StrengthLog is 100 percent free and offers all of the instruments you want to guarantee you’re
on monitor to your bulking targets. The best size of a bulking section will
range relying in your individual training expertise, genetics, physique
type, and targets. Extremely promoted by the supplement industry as nearly
a miracle supplement for constructing muscle and enhancing recovery, BCAAs are
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If your conditioning is poor, don’t get caught
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If you log your workouts and log your food intake,
you have a working log of what’s working and what isn’t.
It’s the difference between making progress and thinking that you’re doing one thing mistaken (because you are).
Although you can work your glutes by walking, running, and different everyday useful actions, there are some workouts that can really boost booty gains.
Here are 9 higher glute workouts which would possibly be certain to make your buns burn.
Given what quantity of successful bodybuilders have used this training method, it’s
protected to say that the bro cut up can be efficient. Nevertheless, it may
not be best for natural lifters and anybody apart from genetically gifted mesomorphic simple gainers.
For instance, suppose you possibly can only practice 2-3 occasions
a week. In that case, a full-body exercise will probably be finest, whether or not you are a
newbie or an Olympic athlete.
In my expertise, this is essentially the most dependable method to build muscle as an intermediate natural lifter.
We’ve obtained a full 5-day Bro Cut Up exercise routine in our Bro Break Up article.
They had been additionally in style for growing power, with the most
well-known energy coach of the ’70s, Invoice Starr, recommending them to everyone who
wished to get strong. Starr’s method to
strength coaching impressed fashionable programs like Mark Rippetoe’s Beginning Power and Mehdi’s StrongLifts 5×5,
together with countless different variations. In this text, we’ll also offer you a
exercise routine you’ll find a way to observe or build from.
It’s designed to get you larger, stronger, healthier,
and higher looking. You’ll be doing slightly higher reps to finish the exercise off.
This is as a end result of you should be coming off a rest day earlier than every single workout!
Too often, trainees attempt to go to the gym and kill it every exercise.
Recovery is certainly one of the most essential parts of
an effective program, and a full body exercise plan ensures you do not overtrain. Utilizing a full physique exercise is a extremely environment friendly
approach to practice, but that’s not its
solely profit.
They change in every workout and help to maintain your smaller muscle tissue
progressing… and to maintain you fascinated too.
It’s presently thought that volume triggers protein synthesis
rather more effectively then intensity – and that ends
in higher muscle cell levels. That’s because your muscle tissue are composed
of different sorts of muscle fibers. But as increasingly more
research comes out although, we’re realizing you could
create an adaptation at pretty much each rep range – from heavy to
gentle. When it comes to maximizing muscle mass or hypertrophy there are a quantity of simple guidelines you should observe.
If you’re a regular gym goes with an excellent base of fitness then this program
will speed up your outcomes.
This workout plan takes you out of your present starting point to lean and imply in 12 weeks.
Armed with the information that three’s nobody true optimum rep vary for hypertrophy, we need to check out the keys to
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This merely implies that when you lift a heavy weight
you create such a stimulus that muscle fibers turn into damaged.
After all, this is a pretty superior muscle building
plan, so with out the inspiration strength that you’re bringing to the
table it’ll just about swallow you up entire.
Lying leg curls are an efficient isolation train that targets your hamstrings.
To perform the bench press, lie on a bench with your toes
flat on the floor and grip the barbell with your hands shoulder-width apart.
Maintain your back straight and raise the weight by pushing your hips forward.
You can even use a dumbbell, a machine, or a cable pulley, however the barbell row is the basic way to row
your way to an enormous back. You can use a barbell or a
pair of dumbbells, though the barbell permits you to use heavier weights.
What and how much you eat is crucial for a successful bulk.
Unlike protein and fat, carbohydrates aren’t an essential nutrient.
Stronger muscles are greater muscles, so any good bulking exercise plan should be constructed round workouts like squats, bench presses,
deadlifts, rows, and shoulder presses. You can still
embody isolation exercises in your workouts, however your major
focus ought to be compound exercises and coaching for power.
Assume of this section of coaching as power building– a cross between powerlifting and bodybuilding.
Look for developments over weeks rather than every day fluctuations.
By No Means wonder where you need to put your limited time,
vitality, and effort. Track your progress, observe your energy,
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This is nice information for home exercisers who don’t often have access to
the weights and machines that gym-goers sometimes take as a right.
So, whether you prepare in your bed room or a state-of-the-art fitness facility, you’ll
be able to still construct the triceps of your desires.
For six months previous to filming, Graham dedicated to
5 power coaching exercises (each lasting no extra than an hour) and three boxing classes per week.
Alan Ritchson trains 5 occasions a week and takes his relaxation seriously.
He also mentions utilizing a sauna for restoration after coaching.
Saunas can improve blood move to the muscle tissue, helping to
hasten restoration and healing.
This program’s major focus is to extend energy, so “record all of your numbers,” Bruno says.
Every week, try to improve by including extra weight or extra reps.
As your energy goes up, muscle size will all the time observe.
When a muscle is broken, it sets in movement
a cascade of physiological occasions that result in a really profound anabolic response.
To obtain one of the best results you’re going to have to drag up your socks, double scoop your pre exercise and get within the zone.
A good instance is the traditional squat, held in reverence as a quad train. The downside is that the quads are
the first mover for only a portion of the squat, with the glutes and lower again responsible for moving a
fantastic share of the load. Pulling the arm to the rear is
the primary job of the external rotators of the shoulder.
For this cause, actions that pull the upper arm behind the
body–like rows–do not accomplish that with much involvement of the lat.
In the same method, resistance must be utilized in a straight line.
If you notice rapid weight achieve, it might be time to regulate your food plan. Consider implementing maintenance weeks or light mini-cuts if necessary.
Getting your macros right is essential for muscle progress throughout a bulk.
The steadiness between protein, carbohydrates,
and fat can make or break your progress. Tracking your progress is essential throughout a year-long bulk.
Without monitoring, it is easy to lose sight of your objectives.
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