A Supreme Court judge has lifted the order stopping the execution of a judgment that nullified the election of Elliot Kamondo as MP for Mufumbwe.
In December last year, Judge Phillip Musonda nullified Kamondo’s election as UPND Mufumbwe MP because the polls were marred by violence and intimidation.
Kamondo appealed and Justice Wanki granted a stay of execution waiting for appeal to the Supreme Court.
But losing candidate, Mulondwe Muzungu on January 12, 2011, challenged the stay of execution in the same court. He asked the court to dismiss the stay of execution.
On Tuesday, March 15, 2011, Justice Wanki dismissed his own order.
Justice Wanki said in chambers (not open to the public) that Kamondo has not proved that his appeal has merit and has prospects of success.
Instead, he said, it is Muzungu’s application that has merit.
‘In the circumstances, I have found that the application (Muzungu’s) has merits. It is accordingly granted as prayed. The order that I granted on December 31, 2010 staying execution of the High Court judgement is set aside,” he said.
This means that the speaker of the national assembly can now set the date for the by-election in Mufumbwe.
The by-election that brought about this matter was extremely violent resulting in the son of Muzungu being jailed for causing death.