Thursday, April 18, 2024

Court stays poll verdict execution

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Eliot Kamondo (r) with UPND leader Hakainde HichilemaTHE Supreme Court has granted United Party for National Development (UPND) Mufumbwe member of Parliament Eliot Kamondo an order to stay the execution of the judgement which nullified his election as Mufumbwe MP.

Supreme Court Judge Muyinda Wanki granted Mr Kamondo an order to stay the execution of the judgement pending hearing of an appeal.

This is in a case in which MMD losing candidate Mulondwe Muzungu has challenged the election of Mr Kamondo as Mufumbwe MP.

“Following a notice of appeal filed in the court, I hereby grant the applicant (Mr Kamondo) an order to stay the execution of the judgment pending hearing of his appeal,” Mr Justice Wanki said.

Mr Kamondo through one of his lawyers, Bonaventure Mutale, has also filed a certificate of urgency before the court.

He states that the application to stay execution of the judgment is of extreme urgency because the Speaker of the National Assembly may declare his seat vacant.

Mr Kamondo states in his notice of appeal that he is not satisfied with Mr Justice Musonda’s judgement of December 15, 2010.

In December last year, Mr Justice Musonda nullified Mr Kamondo’s election as UPND Mufumbwe MP because the polls were marred by violence and intimidation.

Mr Kamondo, however, filed an application for leave to stay the judgmenet pending his appeal against the verdict.

But Mr Justice Musonda in his ruling delivered on December 29, 2010 in chambers threw out Mr Kamondo’s application to stay the judgement.

He said there was no likelihood that Mr Kamondo’s appeal would succeed in the Supreme Court because it would mean the judgment had been undermined by the frivolous and vexatious applications.
Mr Justice Musonda ordered the Electoral Commission of Zambia to go ahead and set a date for the by-election.

[Zambia Daily Mail]

10 COMMENTS

  1. HH is smat, intelligent and very cool. I dont know if he is a litle to quiete for the modern politics in zambia. He is the best of the three, RB, MS and him

    Why dpnt we all just vote for him?.
    I fancy him a little as well

    Thanks

  2. “Gay sexuality was never a prominent issue until gay parades and sexual promiscuity came under scrutiny”

    Elton gay and his partner have just had a baby, both are gays , i am proud of them.
    Before we condemn them, we need to understand why they practice what they do. We also need to accept that they are our sons and daughters, our brothers and our sisters and even our spouses.

    Studies indicate that homosexuality is reinforced by the sexual feelings that typically occur three years on average beforehand. Poor relationships with fathers seem to play a lead role in pre-disposing boys to the option of homosexuality. Human beings and animals are born with an instinct that is sexually oriented and to condemn those whose sexual orientation is different is wrong.

    Thanks

  3. ….” But Mr Justice Musonda in his ruling delivered on December 29, 2010 in chambers threw out Mr Kamondo’s application to stay the judgement.

    He said there was no likelihood that Mr Kamondo’s appeal would succeed in the Supreme Court because it would mean the judgment had been undermined by the frivolous and vexatious applications.
    Mr Justice Musonda ordered the Electoral Commission of Zambia to go ahead and set a date for the by-election. “……

    A bit puzzling , some of this legal jargon , but it looks like Justice Musonda was a bit hasty in his judgement . He doesn’t seem to think much of the supreme court !

  4. Where does comment #2 come into this particluar item of the news Mushota? Were you thinking when you copied and pasted your comment from one of the news items?

  5. we can not have a situation where MMD has it both ways. Its an open secret that MMD is a violent party. Violence promoted and encouraged by rupiah and his cronies. The Mufumbwe violence had the blessings of rupiah.
    After losing the by-election, MMD rushes to court trying to delude the public that it was UPND that was responsible for violence.
    MMD leadership is so condescending but Zambians are not fools

  6. Ok so Mushota just copied and pasted that story ? Damn i was almost misled that this lady is intelligent after all.Ha ha ha still the same miss buga man.

  7. # 2 Mushota. Even murderers and thieves are are our sons and daughters, our brothers and our sisters and even our spouses but that does not make their actions right?? And please stick to the subject at hand.

  8. The point is that the Bible says ‘the homosexuals will not inherit the Kingdom of heaven.’ This means then that homosexuality is sinful. But then this might be restricted to those who beleive in the Christian God. And we all know that that is perhaps a quarter of the world’s population. Don’t worry bloggers, I will copy this comment and paste it on the correct story line.

  9. #5 Good point. I don’t know why that line of argument has not been used consistently in this case. It is an open secret that even the Inspector General of Police was in the area to ensure that police carried out Rupiah’s bidding. Rupiah’s orders to the Police was to help MMD win at all costs. MMD carried out violent acts with total impunity but they still lost the election. When their plan failed, they cried foul. Another thing: didn’t Muzungu’s son kill a PF support during the election? Does anybody know anything about this?

  10. #9 MMD have lost direction. The President is always drunk and is being used by selfish people to do all sorts of things. They make sure he is ever airborn so that he is not awre of reality.

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