Kabimba loses another court case,his application to join Siliya v ECZ case misconceived and lacks merit

Kabimba loses another court case,his application to join Siliya v ECZ case misconceived and lacks merit

Just like the Watchdog predicted, a Lusaka High Court has thrown out an application by the PF in which it was seeking to be joined into proceedings in which former Petauke Member of Parliament Dora Siliya and two others are challenging the decision of the Electoral Commission of Zambia (ECZ) to block them from filing nominations in by elections in their former constituencies.

High Court judge Mungeni Mulenga dismissed an application by PF Secretary General Wynter Kabimba saying it was misconceived and lacked merit.

This is in a matter in which Ms Siliya, former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo are challenging the decision of ECZ purporting to disqualify the trio from filing their nominations in the by elections which were slated for September 5, 2013.

But Mr Kabimba in his capacity as PF general secretary filed to be joined into the proceedings saying his party had an interest in the outcome of case which would affect it .

Ms Justice Mulenga said that she was dismissing the application because the reasons advanced in the interested party’s affidavit did not show sufficient interest to warrant the joining of the PF to the current proceedings.

when Kabimba made this application, the Zambian Watchdog incorporated the following comments in the report:

‘Kabimba in his latest overzealous but daft actions has applied to be part of the case because the PF has spent money preparing for the by-elections.

‘We have never heard of such a weak ground. No wonder people believe Kabimba is a dull lawyer. This case is between the banned MPs and the Electoral Commission of Zambia and not political parties. It is a judicial review which simply means that the court has to review and determine if a government body followed the right procedure in the action it took.’

And for sure the court said yesterday (Friday) that the PF could not be joined because the reasons advanced in the interested party was not a party in the subject election petitions and could not be clothed with the interest in the same at this stage.

“The interested party was not a party in the subject election petitions and can not be clothed with the interest in the same at this stage.

“Having found that the interested party has not demonstrated sufficient interest as required, I hereby decline to grant the application for non-joinder to these current proceedings and accordingly dismiss the application for being misconceived and lacking merit” Ms Justice Mulenga said.

Ms Justice Mulenga said that it was evident from the Supreme Court authority that the application by the interested party made pursuant to Order 14 of the high court rules and order 15 the rules of Supreme Court was procedurally wrong and liable to be dismissed on technicality grounds.

She said that even if the application was considered under Order 14 of the high court and order 15 6 ( 2) and (3) RSC , the application would not have met the required threshold particularly as outlined in sub-rule 3 which required that one mist either show his interest in the in dispute or state the question to be determined between him and any party to the cause.

Ms Justice Mulenga said that the reason given by PF that it has expended considerable human and financial resources as well as petitioned Ms Siliya, Mr Mwale and Mr Sililo did not meet the test of sufficient or locus stand in which was to demonstrate the harm that would be occasioned to they party by the judicial review application.

She said that the decision which was the subject of the current judicial review proceedings directly related to the trio and can not reasonably be said to affect PF except for mere inconvenience due to the temporally delay of the scheduled by elections which would in any case affect all interested parties who wish to contest the said by elections.

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