Friday, March 29, 2024

Supreme Court allows UPND MP to file for appeal

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Eliot Kamondo (r) with UPND leader Hakainde Hichilema
Eliot Kamondo (r) with UPND leader Hakainde Hichilema

The Supreme Court has delivered a consent judgment to pave way for Mufumbwe Member of Parliament Elliot Kamondo to file records of appeal against the nullification of his election results.

However, the restoration of the High Court’s verdict to nullify his election results still stands, pending the hearing of a fresh application before the full bench of the Supreme Court.

On March 16, Supreme Court Judge Muyinda Wanki restored the High Court’s decision to nullify the Mufumbwe poll result.

He had last year stayed the execution of the judgment after Mr Kamondo sought the stay of the judgment.

Re-instating the High Court’s decision Judge Wanki agreed with the sentiments by the petitioner Mulondwe Muzungu that Mr Kamondo had not adduced evidence whether his appeal would succeed.

Mr Muzungu of the MMD lost to UPND’s Elliot Kamondo during the Mufumbwe parliamentary by-election held last year.

Mr Muzungu asked the Supreme Court to discharge the stay of the High Court’s judgment on grounds that Mr Kamondo’s appeal was ill fated and had no prospects to succeed.

He also submitted that the appellant had lamentably failed to demonstrate that the appeal was meritorious.

He submitted that Mr Kamondo had only adduced that he had appealed, and would inform the speaker of the National Assembly not to declare the Mufumbwe seat vacant.

On December 15, 2010, High Court Judge Philip Musonda nullified the Mufumbwe Parliamentary by-election.

This was after a protracted hearing where many witnesses testified that the by-election was marred with violence.

ZNBC

11 COMMENTS

  1. This sucks, the judge should have thrown it out so that they get spanked silly by MMD thugs. Too much delelesheni its time they got a stick.

  2. I’m slightly confused at the way this story has been presented. Why can’t we just use normal everyday english for fuxsakes !

  3. This is the circus Zambia has become, the likes of the Meandering Godfrey Miyanda think 50%+1 is going to be costly for the nation leaving this colossal elephant in the house called “perpetual by elections” intact. Imagine what the MMD is doing e.g. the adoption of the likes of dying Kunda for MP, suppose he wins, don’t you think this is a clear recipe for a bye election before the next parliamentary session runs out? Anyway, Meandering’s interest is in the presidency, he won’t give a damn even if parliamentary elections drain our coffers dry, utter bunkum!

  4. How do we go for a bye election when in three months time we are going for general elections. Do not understand why???????

  5. This will stay a UPND seat in future and no amount of MMD violence will stop it from winning at the next chance…Keep Thug Banda away from any election and it will be peaceful…..VIVA UPND

  6. On “The Supreme Court has delivered a consent judgment to pave way for Mufumbwe Member of Parliament Elliot Kamondo to file records of appeal against the nullification of his election results” while done UPND Team under 2011 APC-UPND PACT presidential candidate HH.

    I hope this case will go to its logical LAW conclusion. All the best Mr UPND’s Kamondo and the people of Mufumbwe will have to speak for you should the courts fail.

    To those that havent yet registered to vote in the 2011 elections, you only have two more days remaining to register.

    Please, make sure you register so that you can vote for real change in the 2011 presidential elections.

    Be blest all.
    _
    Matt 6:33 but seek ye first the kingdom of God and His righteousness and all these things shall be added…

  7. this is how its supposed to be why should we have another by election towards the general elections..?common sense people..!

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