The PF regime through Attorney General Mumba Malila has appealed against the High Court’s decision to allow former Petauke Central Member of Parliament (MP) Dora Siliya and two others to re-contest by-elections in three constituencies.Mr Malila who is appealing against part of the judgment delivered by Judge Mungeni Mulenga on September 3, 2013 said the judge overstepped her boundaries when she issued a global order requiring ECZ to accept the nominations papers from Ms Siliya, former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo.He has in his memorandum of appeal to the Supreme Court filed four grounds on which he is basing his arguments.
Mr Malila said Ms Justice Mulenga erred in law and fact when she held that Supreme Court judgments were binding on all parties including ECZ when she refused to give effect to the Supreme Court judgments which upheld the nullification or nullified the elections of Ms Siliya, Mr Mwale and Mr Sililo to the National Assembly on the basis that the trio had been involved in corrupt or illegal practices.
He said the lower court was wrong in law and fact when it held that ECZ was only mandated to act on the report issued under section 104 (6) of the Electoral Act number 12 of 2006 to take the action outlined in section 22 of the Act barring persons from contesting for any position for a period of five years.Mr Malila said this was notwithstanding the fact that the law does not require the Supreme Court of Zambia to render a report to the ECZ upon its nullification of a seat on the basis of corrupt or illegal practices.
He further said Ms Justice Mulenga erred both in law and fact when she found that there was a lacuna in the law as she failed to give a full effect to the purpose of section 22 of the Act whose declared purpose was to bar persons who have been found to have committed illegal or corrupt practices from standing in by-elections resulting from a nullification on the grounds of illegality or corruption.
Mr Malila said the Judge was wrong in law and fact as she overstepped the boundaries of the case by issuing a global order requiring the ECZ to accept the trio’s nominations.This he said was notwithstanding the fact that there were other criteria and qualifications, other than participation in illegal and corrupt practices required for the acceptance of such nominations.Ms Justice Mulenga on Tuesday quashed the decision of the ECZ that purported to bar the trio from re-contesting their seats and ordered ECZ to accept nomination papers from them on the date it would set.
ECZ has since set September 10, 2013 as the date for filing of nominations.