A few hours ago I exclusively revealed that The Plaintiffs (Damiano and Lusaka) failed to file their Record of Appeal and Heads of argument on time in the Constitutional Court.
Consequently, FAZ proceeded to apply to have Damiano’s appeal dismissed for want of prosecution. Kindly find attached hereto copies of the signed and stamped summons.
Another development in the Damiano vs FAZ Case. pic.twitter.com/sQWGCt1IDR
— #Mr-Zambian-Football (@Mubajnr) June 3, 2020
This means that, instead of the ConCourt looking at Damiano’s application for the ConCourt to determinate the jurisdiction of the High Court in handling the Damiano vs FAZ case instead of referring it to arbitration as provided for under the FAZ Statutes and as prayed for by FAZ in the Ndola High Court before Judge Mary Mulanda, the application to dismiss the case will be the motion that is coming up for hearing tomorrow in the ConCourt.
On another score, I can exclusively reveal that FAZ has interpreted the High Court judgement, that stayed all proceedings in the lower court, judgment that all decisions made earlier and processes conducted earlier in the High Court are all stayed while the ConCourt handles the application for determination of the High Court’s jurisdiction in handling this matter. They deduced that the stay allows FAZ to go ahead with provincial and then-presidential elections without problems, provided there are no COVID-19 restrictions. This is because they interpreted the ruling to mean that the ExParte order issued by the lower court was also stayed.
Interestingly, assuming he is allowed to submit an appeal out of time, Damiano cannot ask the ConCourt to interpret the High Court ruling since the appeal is strictly on the High Court’s ruling on the issue of jurisdiction. The application for interpretation of the ruling on stay of execution can only be made in the High Court which for now is encumbered by its own ruling.
