Supreme Court adjourns case of three MPs creating constitutional crisis

Supreme Court adjourns case of three MPs creating constitutional crisis

As predicted by the Zambian Watchdog, a constitutional crisis has been created over the three delayed parliamentary by-elections in Petauke Central, Malambo and Mulobezi as the Supreme Court has adjourned the appeal hearing to September 26, 2013.
According to the Zambian constitution, a parliamentary seat declared vacant should be filled within 90 days.
The three parliamentary seats were declared vacant in June 2013 meaning that the seats are supposed to be filled in by Sepetember 30,2013 which is now unlikely.
Unfortunately enough, the constitutional crisis has been created by Justice Minister Wynter Kabimba who is supposed to uphold the same constitution.
The crumbling PF has been fighting hard to block Dora ‘bokosi’ Siliya (Petauke Central for MMD) Maxwell Mwale (Malambo for UPND) and Hastings Sililo (Mulobezi for UPND) from re-contesting their seats for fear of another white-wash defeat which has become characteristic of the ruling party.

PF are are now hoping that Wynter Kabimba, the dull lawyer who has never won a case or an election, can pull surprise win in Supreme Court presided by a shame of the acting Chief Justice Lombe Chibesakunda possibly from their bedroom judgement as the case is not attainable in a normal judiciary or court process.
This is especially that the PF was not a party to the initial court process as Kabimba again lost the case for another countless times to be joined to the court action.
The Electoral Commission of Zambia who were sued have since accepted the verdict and were not interested in appealing, leaving many wonder where the ruling PF is getting the powers to appeal a case they were not party to.

On September 6, 2013, the Supreme Court granted a stay of execution of the High Court judgement that ordered the Electoral Commission of Zambia (ECZ) to accept nomination papers from former Petauke Central Member of Parliament (MP) Dora Siliya and two others.

The order by the supreme Court stopped the filing of nominations, which had been set for 10 September, 2013.

Acting deputy chief justice Florence Mumba granted Solicitor General Musa Mwenye the stay after the High Court had earlier declined to grant the application.

Justice Mulenga declined Mr Mwenye’s application to stay the execution of her judgment that quashed ECZ’s decision that purported to block the trio of re contesting their seats.

She quashed the decision of the ECZ that purported to block Ms Siliya and former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo and ordered that the three be allowed to re-contest their seats.

But the PF using Mumba Malila  appealed against Ms Justice Mulenga’s decision to the supreme Court.

The Supreme Court had set today September 11 as the date to hear from both the banned MPs and those seeking to block them.

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