MMD clearly won Lufwanyama, Judge tells PF petitioner

KITWE High Court Judge-in-charge Rhoyda Kaoma has dismissed with costs, the election petition in which losing Patriotic Front (PF) Lufwanyama candidate Christopher Kalenga challenged the election of incumbent Anne Munshya of the MMD in last year’s elections.
This is in a matter in which Mr Kalenga sued Ms Munshya, the Electoral Commission of Zambia and the Attorney General as first, second and third respondents, respectively.
Delivering a two-hour judgement in Kitwe yesterday, Mrs Justice Kaoma said Mr Kalenga has failed to prove allegations that the corrupt practices that the MMD engaged in on September 20 last year, were committed by or with the knowledge of Ms Munshya.
“I am satisfied that the election was conducted substantially in conformity with the law. The petitioner has failed to prove the allegations against the first respondent (Ms Munshya) to the requisite standard. I find no grounds on which to declare the election of Anne Munshya null and void,” Mrs Justice Kaoma said.
She added: “I find that Anne Munshya was duly elected member of Parliament for Lufwanyama Constituency. The petitioner shall bear the costs and the said to be taxed if not agreed.”
She also said the 64 bicycles and Chitenge materials were given to Ms Munshya’s campaign team, for campaign purposes and that they were not used to induce voters.
In the petition, Mr Kalenga argued that Ms Munshya did not comply with electoral rules regarding parliamentary elections and that she was not a duly elected MP for Lufwanyama.
He alleged that Ms Munshya engaged in intimidation, vote- buying and actual violence.
Mr Kalenga prayed that the court should declare Ms Munshya’s election null and void.
Ms Munshya polled 5,716 votes while the petitioner, Mr Kalenga got 2,346 votes.

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