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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COMMENTS

WORDPRESS: 3
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    This Judgement defeats the purpose of a Constitutional Court. Concourt should deal with the question of Law instead of a re-opening the Trial and taking New Evidence.What then is the Role of an Electoral Court (HC) if Concourt is re-hearing the Petition Evidence? Concourt might as well do the work of an Electoral Court.Sad day for Justice in Zambia.

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    Njimbu have u ever witnessed genocide we wil forget about zambia to be called christian nation am aint a tonga but a tribal c remember ruwanda lol

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    Mwamudziba Yesu lelo ba UPND!!!Well done Judge Sitali and Concourt judges are indeed good Judges!!!Even HH deep down his heart knows that Hon.Mwanakatwe won as Lusaka Central MP because she stood on a popular party PF in Lusaka urban.High Court Judge Mwiinde Siavyapa used tribal to reason when he ruled in favour of Mrs Scott who stood on a tonga party UPND!!!Once this issue went to Concourt where objective Judges are found,today’s judgement was always going to be the case!!!IT IS LIKE A LOSING PF CANDIDATE IN MONZE CENTRAL APPEALING ON THOSE WEAK GROUNDS AGAINST UPND’S WINNER AND HOPE TO WIN IN COURT,IS IT POSSIBLE?NEVER BECAUSE UPND IS TOO STRONG IN MONZE OR THE WHOLE SOUTHERN PROVINCE!!!Therefore,Mrs Scott was fighting a losing battle.Look,even if she won it in court,she was 100% going to lose during a by election to any PF candidate in Lusaka Central-THIS IS THE GOSPEL TRUTH NOMATTER HOW YOU TRY TO DECEIVE YOURSELVES IN UPND!!!
    If by elections came up in Munali,Roan and Bahati constituencies,PF will 100% retain those seats-THIS IS HOW STRANGE LOCAL POLITICS ARE!!!!Before we voted for a Lusaka mayor,UPND camped thought their candidate Kangwa Chileshe would easily defeat PF’s Miles Sampa for reasons known in upnd camp.After voting,the opposite was the reality!!Miles Sampa won with more than 60 000 votes!!!
    SOON CONCOURT SHALL RULE THAT ECL IS ELIGIBLE TO STAND IN 2021-MARK MY WORDS!!