Friday, March 29, 2024

High court rules that Mutati was duly-elected

Share

Felix Mutati
Felix Mutati

THE Ndola High Court has declared Lunte Constituency MMD Member of Parliament (MP), Felix Mutati, as duly-elected.

Patriotic Front (PF) losing candidate, Emmanuel Chilubanama, had petitioned the election of Mr Mutati on allegations of corruption, bribery and intimidation.

Mr Chilubanama had alleged that Mutati had on September 15, 2011 donated desks to Kabwesha Community School in Lunte Constituency.

Mr Chilubanama had also asked the court to nullify Mr Mutati’s election on grounds that his wife, Grace Chipalo, a medical doctor specialised in eye treatment distributed medicines at James Mutati Village, in Lunte Constituency shortly before the September 20, 2011 general elections.

Mr Chilubanama contended that the distribution of medicines was meant to woo people to vote for Mr Mutati.

He had also alleged that Mr Mutati on September 14, 2011, distributed food to the electorate at Mukupa Kaoma Village and asked them to vote for the MMD.

Mr Chilubanama said the PF cadres were being intimidated by the MMD cadres who were in the habit of disrupting meetings.

When passing judgement, High Court Judge Munalula Lisimba said there was credible evidence before the court that the donation of the desks to Kabwesha Community School was a Government programme under the Constituency Development Fund and that Mr Mutati had no control on how and when the desks were to be donated.

Judge Lisimba said the petitioner did not adduce any credible evidence to the court relating to the flouting of the Electoral Code of Conduct.

“Thus none of the electoral offences have proved to be widespread or to the satisfaction of the court. There is no evidence adduced to the effect that the voters in Lunte Constituency were unable to vote for the candidate of their choice.

“It is, therefore, clear before this court that the election of Felix Mutati was free from illegal practices, hence the petition is dismissed with costs,” Mr Justice Lisimba said.

[Times of Zambia]

26 COMMENTS

  1. Good!people should not even eat because of an election or have their eyes treated.We need to change this stu.pid law.People are not swayed by food these days.

  2. Thank God for giving us PF and Michael. At least we can smell professionalism in the handling of some of these cases

    • Was also thinking the same thing and in addition this judge is from W province he better watch out!

    • Very unlikely!  The three corrupt judges are Bemba and will be sorted out by their cousins from the east/Malawi.

    • Much as I sometimes support the PF and especially our president, I don’t think it’s right to castigate any decision made by every judge. Lets not witch-hunt and expect all rulings to be in the favour of government. That is the essence of democracy. I am just thankful the president has allowed true democracy to continue progressing. Those that are wanting regardless of being bembas should be brought to book. Zambia is not for the bembas, ngonis, lozis. lundas, tongas etc. Zambia belongs to all the 73 tribes as a republic and a sovereign state.

  3. Good judgement sir. useless petitions just because they are pf.its tax payers money to be spent on an election and not pf monies.

    • It’s called freedom of expression brother. Please tone down your hatred of the PF for it comprises everyone from the 4 corners of Zambia. My respect for judge Lisimba, a lozi goes way back to when he joined Simwanza Pendwe and Company Law Firm at the ZNPF house in kitwe.

  4. # 7 Zebb Mpingaira what nonesense is that have ever seen Mutati wife?She’s one of Zeds’beautiful women and highly educated .He does not cheap useless women.Mutati you must now start behaving like a leader of the opposition in the house or else we shall
    constitute a tribunal to investigate you.

    • @9 It’s called freedom of expression. Regardless of how beautiful Mutati’s wife is, and beauty is in the eyes of the beholder, he was humping another woman. Of over 50% Zambian women, how would you know yourself if she’s one of Zambia’s beautiful and educated women? Whats your over interest in Mutati’s wife. Compared to some of the very academic zambian women who are beautiful, she falls short. But truthfully man, why so much interest in Mutati’s wife when the issue was about the decision in the election petition against him?

    • Just compare him to Andrew and the mpuno on his father Rupiah. Kuyipa pamaso kwati ndi akwindi. Given the comparison, he’s much better looking than his former president and his eldest son. Ifinyamunyamu filamoneka. 

  5. I am a staunch PF supporter, but Chilubanama lost fair and square to Mutati. Chilubanama can never equal Mutati in political, social and business acumen. Chilubanama needed to be a parliamentarian for the survival of his own newly and infant businesses. Though the MMD was leading us in the wrong direction, Mutati is one of the few who could actually be beneficial to the National Assembly of Zambia as leader of the opposition. Such rulings are wonderful for the country and I can assure the doubtors of PF that Judge Lisimba will not be investigated. Mutati help the people of Lunte to identify viable and essential projects to direct the CDF on.

    • Sancho we mfumu yabene and Judge Lisimba is lozi and presided over cousins or half brothers. Even in western province, if a bemba, a ngoni, a lamba does better than an indigenous, all the more reason to pick that person. Except the lozi concept is worrysome. But at least we have genuine judges like the example above who will decide cases based on merits and demerits.

  6. These stupid petitions which PF entered into using the money ill gotten, should teach them a lesson. Go back and leak your wounds and shut up

  7. I hope the loser’s lawyers will fleece him further for legal fees. Kaponyas thought they could intimidate the judiciary system because PFooters are in power.

  8. Pantufye ni law, almost all MMD candidates including Feligo, who didnt know they were buying votes, others even failed to “finish” the money they had to bury it under concrete slabs, thats why they are panicking that Mutembo is DPP baletina ukukakwa, they want corrupt judges, these are RB people who shield corrupt people no wonder MMD was traunced by PF. Chipimo is intelligent he is not siding with corrupt elements and when he wins elections ati Bemba are always ruling, how can people vote for you when you are speaking for corrupt judges? GOD BLESS ZAMBIA

  9. This is one good judgement passed by a lozi judge. We need to seriously work. Not every lozi is bad just like not every judge is bad. These criminal bemba judges and I am bemba if they thought they will continue subverting the rule of law, are in trouble. When time comes for Matthew Ngulube to sing to the same dance, don’t no body tell us we are being tribal. Short for the contract that Rupiah gave him, he should have been retired long ago. And I hope his benefits doesn’t go to help his contractual boss. He should have by his own volition retired, but he keeps hanging onto a position when every zambian says he must go.

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading