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A Robot Could Have Filed It — but Could It Have Proved It

IT! By Patrick Mukosha My dear friends, let us not confuse the existence of electronic filing with the automatic validity of a petition. Yes, if the authorised electronic filing system was operational, lawyers could potentially file electronically. But that raises the obvious question:

A Robot Could Have Filed It — but Could It Have Proved It

Picture: Zambian Observer

A ROBOT COULD HAVE FILED IT — BUT COULD IT HAVE PROVED IT!

By Patrick Mukosha

My dear friends, let us not confuse the existence of electronic filing with the automatic validity of a petition.



Yes, if the authorised electronic filing system was operational, lawyers could potentially file electronically.



But that raises the obvious question:
●Was the system actually available and accessible to the petitioner at the material time?
●Was the petition successfully lodged?
●Was a filing number generated?
●What was the official date and time recorded?



Because frankly, as an IT professional, if electronic filing is the argument, a robot could have pressed “SUBMIT.”



The real issue is not whether technology exists. The real issue is whether Brian Mundubile’s legal team actually completed a valid filing within the constitutional deadline and can produce the official record proving it.

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And if they did not file because the physical courts were closed, then the next question is equally simple:

●What attempts did they make?
●What evidence did they preserve?
●Who did they contact?
●What directions did they seek?

We should stop building a constitutional argument around assumptions



The courts will not decide this matter on Facebook posts, political emotions or clever explanations. They will look at the Constitution, the Rules, the actual filing record, the evidence and the applicable deadlines.



So before declaring “THE ANSWER IS HERE,” let’s see the filing receipt, electronic timestamp, case number or other official proof of what was actually filed and when.



Law is evidence—not imagination.

Let the courts determine whether the petition was properly and timely filed.

Salt Sana.

Epo mpelele…

Source: Zambian Observer — Read more

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