High court throws out president Banda parentage case

High court throws out president Banda parentage case

The  Lusaka High Court has thrown out the case in which the Patriotic Front (PF) was trying to restrain President Banda from contesting this year’s tripartite elections.

High Court Judge in charge Jane Kabuka was by 11 hour local time reading her ruling which in essence dismissed the matter started by the opposition.

The Judge said President Banda was not part of the action in court. She said President Banda was not sued.

Wynter Kabimba suing in his capacity as PF secretary general, had sued the Attorney General, MMD national secretary Major Richard Kachingwe and the Electoral Commission of Zambia claiming that the ruling party cannot by law sponsor President Rupiah Banda because his parents are not Zambian citizens.

Kabimba was claiming a declaratory judgment or order that the parents of President Banda are not citizens of Zambia by birth and that the MMD cannot by law sponsor him as a presidential candidate in the 2011 presidential and general elections to be held on September 20, this year.

But one of the lawyers representing President Banda,  Eric Silwamba said the PF’s civil proceedings against Mr Banda’s parentage was “incompetent” and a “wrong mode” that could not be heard by the High Court but the full bench of the Supreme Court.

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