Justice Minister Wynter Kabimba says the PF will appeal to the Supreme Court the case in which the High Court allowed Dora Siliya, Hastings Sililo and Maxwell Mwala to re-contest their nullified seats.
Kabimba told the PF Vuvuzela (Post) that the judgment was not in accordance with the provisions of the law relating to elections.
It looks like Kabimba and his backers at the Post are relying on PF rejected acting Chief Justice Lombe Chibesakunda to now block the three MPs.
“We are going to appeal the judgment because we think that that it is not fair in view of the provisions of the law as they stand. We believe that the judge has erred in her judgment,” Kabimba said. “So we’ll study the judgment and proceed with the appeal.”
Attorney General Mumba Malila said the state would study the judgment and determine the way forward.
Judge Mulenga yesterday ordered the Electoral Commission of Zambia not to bar Siliya, Mwale and Sililo from re-contesting their respective seats nullified by the Supreme Court on account of corrupt electoral practices.
And the UPND says judge Mulenga’s judgment is advice to the Electoral Commission of Zambia not to ever bar any parliamentary aspirant on account of mere allegations of corruption.
This is a matter where Siliya, Mwale and Sililo, whose Petauke Central, Malambo and Mulobezi parliamentary seats were nullified on account of electoral and corrupt malpractices, challenged the decision by the Electoral Commission of Zambia ECZ not to accept nomination papers from them.
ECZ director Priscilla Mulenga Isaacs said the decision was premised on a report rendered by the acting Registrar of the High Court Chilombo Maka-Phiri.
But judge Mulenga, in her 54-page judgment, said Siliya, Mwale and Sililo had made out their case and she found in their favour.
She said the decision by the ECZ to bar Siliya, Mwale and Sililo was based on decisions and statements that had no legal effect.
“I hereby grant an order of Certiorari to remove into this court for the purpose of quashing the decision of the director of elections of the second respondent dated 10th August 2013 disqualifying the first, second and third applicants from filing their respective nominations in the by-elections to be held in Petauke Central, Malambo and Mulobezi parliamentary constituencies. I forthwith quash the said decisions as prayed,” said judge Mulenga as some UPND and MMD members in the public gallery started shaking hands.
Judge Mulenga ordered the ECZ to perform its statutory functions under the law by accepting the trio’s nominations on the dates to be appointed for filing nomination papers for the three concerned parliamentary constituencies.
“For avoidance of doubt, it is further still ordered that the second respondent (ECZ) is prohibited from barring the first, second and third applicants from filing their nomination papers on the nomination dates,” she said. “The applicants have proved their case and I enter judgment in their favour.”