Con Court overturns nullification of Mwanakatwe’s election


The Constitutional Court has ruled that Margaret Dudu Mwanakatwe was duly elected Lusaka Central constituency Member of Parliament.
Justice Annie Sitali overturned the High Court’s decision to nullify the election of Mrs. Mwanakatwe
Delivering the judgement Wednesday morning, Justice Sitali said it was wrong for the trial judge to nullify the election on account that Mrs. Mwanakatwe sunk boreholes for the people of Lusaka Central without any evidence.
This is in a matter were Mrs Mwanakatwe challenged the High Court’s decision to nullify her seat in favour of UPND Lusaka central constituency losing candidate Charlotte Scott.
Justice Sitali said this is because the boreholes in question were sunk by the Muslim society at the request of health officials following the outbreak of cholera in the country.
She said Judge Mwiinde Siavwapa was wrong to nullify the election on account of the donation that was made to local churches because it was made outside the campaign period.
The court also ruled that the violence complained of was only confined to a small area and was quickly stopped and did not affect the entire conduct of the election.
A panel of five judges presided over the case.
The High Court had nullified the Lusaka Central seat because of malpractices. Mwanakatwe however challenged the decision.
Among the questions that the Con Court dealt with to arrive at the judgement were:
1) Was there some electoral malpractice in the election of Ho Mwanakatwe
2) Was the complained malpractice committed by Hon Mwanakatwe or her official agents or with their knowledge
3)Did the commission of the malpractice influence the majority of voters
4) Was the reported violence widespread to ultimately affect the outcome of the Electoral Act
5) Can any other player other than the ECZ be cited for the non compliance of the Electoral Act
6) Was the use of government resources by Mwanakatwe widespread to affect the outcome of the results

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