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Dora Siliya and others granted judicial review, ECZ postpones nominations indefinitely

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Movement for Multi-party Democracy (MMD) aspiring candidate for Petauke parliamentary by elections Dora Siliya has today , together with Maxwell Moses Boma Mwale and Hastings Sililo , been granted judicial review by the Lusaka High Court.

This follows the application by the three for judicial review asking the court to quash the decision of the ECZ to disqualify them from filing their respective nominations tomorrow.

The three contended that the press statement released by a non-judicial officer was not made ex-athedra and therefore had no legal effect and judicial activism could only be involved by an appropriately constituted court.

They contended that the provisions of Article 65 of the Constitution of Zambia Act chapter 1, volume 1 of the Laws of Zambia and the provisions of Sections 22 and 104 of the Electoral Act, number 12 of 2006 were inapplicable to the trio.

“We are asking for a declaration that the provisions of Section 22 as read together with or in tandem with the provisions of Section 104 (6) and (7) of the Electoral Act require that a report should be rendered by the High Court that presided over the proceedings of the petition at the conclusion of the proceedings,” the trio said.

The applicants also asked the court for an order to prohibit ECZ from conducting the filing of nomination papers tomorrow claiming that a report issued by the judiciary did not conform with the provisions of Section 22 as read together with the provisions of 104 (6) and (7) of the Electoral Act number 12 of 2006.

Meanwhile, the Electoral Commission of Zambia (ECA) has announced the indefinite postponement of the filling in of nominations for the three parliamentary by-elections.

ECZ acting public relations manager Sylvia Bwalya said that following the granting of leave to apply for judicial review to the affected applicants , the commission had decided to postpone the nominations which were scheduled for tomorrow.

“The ECZ wishes to inform all stakeholders that it has today 12th August, 2013 received an order from the High Court that the filing of nomination papers for Mulobezi, Malambo and Petauke Central constituencies should not proceed tomorrow 13th August 2013” Ms Bwalya said.

editor
editorhttp://www.lusakatimes.com

99 COMMENTS

    • While the trio are entitled to due process, this is more of a delaying tactic than a legally merited and plausible case.

      The supreme court cannot set aside its own interpretation of the law and ruling regarding these corrupt elements.

      The beauty of our working and flourishing democracy is…. let them exercise their legal rights

    • Well I think Sata is to blame. He has the instrument of power and not winter. The Question is, why is he keeping him and tolerating all he is doing?

    • THE TRUTH IS THAT SATA IS NOT WELL, AND THIS CHI GOLOGOLO OF WINTER IS TAKING ADVANTAGE OF THE SITUATION TO EMBARACING SATA.

    • ALL THIS IS JUST DELAYING AND CONFUSING EVERY BODY IN THE PROCESS!! THE MMD STILL HAVE CONTROL OVER SOME CORRUPT JUDGES WHO WERE APPOINTED BY BWEZANI HIMSELF!
      THESE ARE THE CHAPS MAKING FUNNY JUDGMENTS. THEY ARE ENTERTAINING EVERYTHING DONE BY THE CORRUPT MMD CHAPS. THEY ‘ATE TOGETHER!!!’ A GOOD EXAMPLE IS THIS WOMAN WHO IS FORMER HEAD OF PACRA NOW CALLED JUDGE ANELESI BANDA BOBO!!!

    • The supreme court never sat as a full bench to issue a judgement.who moved the supreme court when the alleged to have written that report to ECZ?

  3. law ni law,,, Ba PF you cant fight corruption using illegal short cuts and selective justice…
    Good move!! now bring on good lawyers..

  5. Just a reminder ,elections for the three constituencies have to be held within 90days from the date of nullification!

  6. PF kabimba Baume niamuna now they have a better way of stopping these guys. The opposition knows for sure according to their words that courts are under control how do they expect to win? 2. I see cowards they claimed to go by force only to run to the court. Why issue threats and courageous bold statements which you cant live on. Useless *****s

    • That is the force they meant, going to court. It’s the only civilized way to fight for your right unless if ‘UNIP’ prefers a civil war.

  7. Can this matter be brought to its logical legal fair conclusion please… Zambia never develops because we are always politicking. when are we going to start working and focus on food, health, education and welfare issues? Anyone who can deliver on these will be assured of a long tenure of political power but its like we are so short sighted.

    • @Chimba
      In normal circumstances such wrangles are good for a democratic nation as it brings about clarity and well tested guidelines. In fact it is supposed to be good for the development of democracy but we have a compromised Supreme Court which has already failed to deliver justice (In the Chikopo tribunal and now the related “judicial Statement”) but delivers the PF agenda and interests. It’s is clear in this case that while the Judiciary were asleep the applicable provisions in the Electrol Act 2006 where also sleeping. The PF and any agrieved party had sufficient time to effect the ACT and they failed to do so. Therefore the ECZ should have allowed the 3 to file their nominations last Friday. Knee jerk reactions are never good reactions in the long run…

  8. wel, they are just fighting a loosing battle. law is law, read it fully and understand it, then u wl appreciated what is happening.

    • You are the useless chap – what do you know about law? No sensible court would have granted a judicial review without valid facts – so there are valid facts on this case! Kamimba will lose this one big time – after all he has never won any case in his life time. And he will lose this one again!!

    • Mmmmmmmmmmmmmmmm,Iwe chi true you will be very disappointed coz ba payafamer (PF) are DE campaigning themselves and they will lose the by election. I was in one of the villages in Malambo to visit my old uncle over the week end and I was surprised the way people are concerned over the manipulation by Wynter and PF to block Mwale and Dora. Its like people have realized that voting for PF was a mistake and they have suffered a lot since PF came into power. Believe me or not , the opposition is winning. In fact PF was better off in the first attempt than deferring the nomination dates because everyone is now alert of their manipulation. VIVA Dora, Mwale, Sililo,HH et al……………..

  10. PF is a cornucopia of bungling buffoonery.

    CJ should have been embarrassed but she is far beneath shame. She’s like a used pad left in the open. An embarrassment to her guild and gender.

  11. so the court are fighting itself? because the instruction came from the same court. This is just a delay and denying our people in mulobezi,petauke a chance to be resented in parliament. These laws were made by MMD themselves now its following them. lets learn not to make laws targeting to fix the opponent. its a lesson to PF who are in power and us on lookers not to make laws to fix the opponent.

    • @D.Kamenda
      I think I tried to offer you some “free” advise yesterday that it will do you a lot of good if you went back to school and focused on that – for now at least. How do you reach the conclusion that the Court is fighting itself when the article is very clear that Dora, Mwale and Sililo have been granted a judicial review? And the other thing that you are clearly missing here (despite many headlines) is that a Public Relations Officer is not “The Court” even if he works for the Judiciary or speaking on behalf of a Snr member of the judiciary. The Acting Chief Justice is not “The Court” unless she is sat and hearing a case in a legally constituted Court sitting.

  13. Ke,ke,ke,ke..we shall see who will have the last loughter.If pf was a dictator can the opposition be tolerated like this? This must b a lesson to o. Mmd made useless laws that are bringing chaos while costing us as a nation in many areas. Crooks!

    • Not at all – only uneducated imbeciles like you cannot understand the laws! That is why you are making mistakes everywhere….Chikopo has been in limbo for more than one year – but you cant learn from that and now PF retards like you are even creating more chaos! There is no short to overcoming ignorance but to go to school….although it’s too late for some of you and SATA especially…..He bought the online degree but he cannot buy the knowledge!

    • @Osmore
      I think Julu is probably right that you are an imbecile although he doesn’t seem to understand much either. The chaos here has been brought about by the sleeping Judiciary who wait for instructions from Kabimba, Sata and M’membe. If they had sent “The report” to the ECZ when the seats where nullified, none of this would be happening. The LAW is very sound and protects the ECZ from acting on the reports published by the Post newspaper. So what you are calling chaos is actually trying to straighten the chaos created by Kabimba who thinks that a Statement issued by a public relations officer should be binding on the ECZ. If that is allowed, what will stop the public relations officer at ZESCO to tell the Police to stop Fr Bwalya from holding campaigns?

  14. Well done opposition,do not allow the laws of the land to be flaunted with impunity.You are doing this not only for yourselves but our children and grandchildren.Zambia is more than just PF,Kabimba,Nchito,Sata,Sakeni,Chibesakunda et al

  15. If the Supreme court ruled that these crooks were found guilty of corruption what is the fuss about? What is the judicial review about? To me this is straight foward. I thought the supreme court is the final authority.

    • Well you thought the “Supreme Court is the final authority.” The problem with thinking is that even imbeciles like you are entitled to their opinion no matter how misguided!

      But just remember that your thoughts are not facts and that is why a judicial review has been granted

    • Yamba and others
      Please read this and understand very carefully. What we have had in the cases of Siliya, Mwale and Sililo are petitions of the election results (not criminal cases to prove that The three are guilty of corruption. The supreme court believed that there was sufficient evidence of corruption or malpractice to influence the voting result. The malpractice does not necessarily have to be done by the candidates. It could be by their associates like we saw Guy Scott dishing out KR13000 during campaigns in L/stone. So with the banning of the three, we can assume that there was evidence linking them to the activity. The Judicial review is to see if the LAW on banning the three was applied properly and is likely to focus on the “statement” that stopped the Friday nominations.

    • With proper constitutional office bearers, yes it will be the last court of law. yet, as issues stand, how cases have being referred back to high court upon supreme judgement,
      Something is wrong here.

  19. in short they are saying the supreme court did not announce it well, can they repeat it so that the opposition can get it loud and clear.

    • They contended that the provisions of Article 65 of the Constitution of Zambia Act chapter 1, volume 1 of the Laws of Zambia and the provisions of Sections 22 and 104 of the Electoral Act, number 12 of 2006 were inapplicable to the trio.

      “We are asking for a declaration that the provisions of Section 22 as read together with or in tandem with the provisions of Section 104 (6) and (7) of the Electoral Act require that a report should be rendered by the High Court that presided over the proceedings of the petition at the conclusion of the proceedings,” the trio said.

  22. So they did have an ace up their sleeve. Good, a worthy opposition is a good thing.

  23. No God is greater than our Great Omnipotent Dictator
    (GOD) Sata. Not even God can control Sata. Sata is the
    only way, the truth and the light! King of kings Judge
    of judges. His wish is our law and command! As his
    faithful civil servants we will wait upon our Lord Sata
    even for 90 years without reacting! Long live O King!

  24. “They contended that the provisions of Article 65 of the Constitution of Zambia Act chapter 1, volume 1 of the Laws of Zambia and the provisions of Sections 22 and 104 of the Electoral Act, number 12 of 2006 were inapplicable to the trio”.

    I thought the Constitution is the supreme law and supersedes any subordinate legislation (ACT) if in conflict or contradictory. Grounds for this challenge are not well thought through, hastily done and frivolous.

  25. the supreme court decision did not come from a constituted quorum of legal minds. it was also influenced by kabimba who had a meeting with lombe.

    more issues will come out of this matter.

  27. Lelo ni lelo. Wynter Kabimba has maintained his impressive record of winning zero cases. Ndipo lelo Wynter, nchito, membe, masebo bazinyela. Kaya ukwa aukako bwanji lelo?

  28. THIS IS GOOD FOR DEMOCRACY. WE HAD LEGAL PROVISIONS WHICH WERE SITTING IDLE AND NOT BEING FOLLOWED. THE ECZ WAS DORMANT AT EVERY BYE ELECTION.

  29. What do u expect with pf lawyers led by kabimba who himself doesn’t understand basics of law, winter is killing pf I guess their better brains in pf than that of winter.

  31. Smart Dora versus lawyer who has never won a case in a duly constituted court of law. Funny that even his boss has never hired him but rewards him for who knows what ever they did in Lusaka city council?

    • THE BIBLE SAYS THAT,THEY WILL FALL IN THEIR OWN TRAPS.DR MUMBA,WINTER IS CAMPAGNING FOR MMD,HA,HA,HA,…..HIS WAYS ARE PASS FINDING

    • Dont be silly…cant you use your head? It’s not the Juciary but PF leadership which does know nor follow proper legal channels!! How can you have a government always attempting to break its own laws.
      Are you telling me that those schemes from Kabimba and Lungu are fully compliant with the law? Of course not otherwise the appications for JR would have failed.
      We need a minimum education clause to stop imbeciles, like the cuurent one, from going to state house in the first place.

    • Julu , Citizen is using his head!! It more like you & the JUDICIARY aren’t using their heads!!! We all know the judiciary is currently led by one in early stages of dementia THAT IS WHY WE HAVE RETIREMENT AGES – TO PREVENT DEMENTED BEINGS FROM MISGUIDING IMPORTANT DECISIONS!!

  33. the lawyers from opposition are fighting this case with emotions not brains, by the time they will finish Siliya will be slaped with charges she never expected by wasting court’s time.

  34. He went to ask lombe to send a note to ecz to reject the3 nominees, that was pf political pressure on the judiciary and lombe agreed to commit illigality to please her master/relative.

  35. Yamba has made a wise observation.These corrupt elements are just buying and wasting time.Supreme Court is the highest and cannot overrule itself.They are buying time to recover from the Shock !

  36. Letts wait if suprem court ruling a mandamus ruling can be offset by lower courts!Its not posible beliv u me.Dora,Mwale & Hastings going no where.Asure me fr ths.Tonfa chaps celebratng abit thnkng Hububa Haka wil sae him.Share wast of apeals.

  37. I am happy. That is the way to go. No holy cows, no changanya laws from the pits of partisan politics, no clown-driven lumpenism (from both opposition and ruling party) but God-given wisdom. We are not beasts but men and women created in the image of God. We say no to the spirit of confusion and strife in our beloved country. Belgium was without govt for almost a year and still held together. I call on all the capable youths to partipate in politics but kaponysa should instead exert their energies to work and feed themselves and families. Stop the confusion now.

  38. The trio have no case here, they should have appealed against the nullification of their parliamentary seats if they felt aggrieved. They are used to cheating and winning elections through corrupt means and ways. Why didn’t they challenge the nullification of their respective seats in the first place? This move is simply aimed at delaying the bye elections in question. Their elections were nullified based on the corrupt elements used during the 2011 elections. So there is no solid ground for the opposition to continue making monkey tricks. They should just find some other member to field in period!

    • Jackal, your reasoning is like that of kabimba. The high court did not find anything wrong in the way they were elected then your pf party appealed to the grandmother chibesakunya’s supreme court knowing very well what she would do. She nullifies the electionsand you want them to appeal to which court again?
      The injunction sought was against the unorthodox manner in which the supreme court did not seat as one to determine that the trio were personally convicted for corruption for them not to qualify for re election.

  39. We cannot bend laws and go into confusion just to please Hon Kabimba, Dora, Hastings, Maxwell, kaponyas and enemies of peace. No. These people are much smaller than Zambia. Remember the bible story of Solomon and the dispute between the two prostitutes over the fate of the dead and living child. Christians in active politics, where are you? You will be answerable to God for your failure to advise your political leaders prophetically. Brother Nevers, what makes you think the armour of God should be put aside in politics? Church mother bodies, God is waiting for you to apply his Word. Are you really His ambassadors, priests? Remember Jeremiah’s consitency. He outlived those who wanted to kill him coz he did God’s bidding.

  40. Good move, let a competent court of law rule if these are barred from recontesting their seats instead of some PF cadre mascarading as a judicial officer. Good move!!!!!!

  41. The trickery of President Sata is beginning to make Idi Amin and Mobutu look good. There are judges in the Judiciary that will not fall down and worship the golden calf.

  42. This is a govt without non partisan legal advisors or not listening. Every move they make is challengeable. Never seen this in any govt during my lifetime.

  43. You cant argue with the law when it is looking right into your eyes,its a pity supreme court has been turned into a kangaroo court of mailoni brothers,and the referee being a used pad left in the open,weldone lawyers.

  44. Certain individuals thank when they are in power, they become gods and are above the law and that they can manipulate things the way they want. The PF, Sata and Kabimba are a disaster to Zambia.

  45. Certain individuals think when they are in power, they become gods and are above the law and that they can manipulate things the way they want. The PF, Sata and Kabimba are a disaster to Zambia.

    What a bunch of useless nicompoops in government ? Ba Kabimba (Imbwa) whoever offered him a degree in law is also an imbecile like him.

  46. 1. A properly constituted (high) court thr Registrar should notify ECZ – this did not happen.
    2. Such report should be done upon giving such candidates an opportunity to be heard – this did not happen.
    3. So what happens if supreme court nullified based “character assassination” which is based on fact? – PF will reduce FISP and it has happened, what next?

  47. A big lesson for all Zambians ! Corruption is evil and lets stop it in this democratic political dispensation for mother Zambia to prosper.

  48. The referee and officials for the zambia -Ghana game have arrived in Kumasi ahead of the september 6 clash, PLEASE SEND THE FAZ PATRON their incase he can offer a drink to those officials.

  49. When you read the laws in question the following points come out
    1. That the person who has been CONVICTED or FOUND GUILTY during the process of an election petition hearing will not qualify (It is my understanding that none of the 3 was found guilty or convicted). The petitioners contended that the elections were not free and fair and the Supreme Court agreed. The petitions were not against individuals but the process. No conviction and no guilty verdict either.
    2. The High Court registrar must file a report to the ECZ and in that report the HIGH COURT must state names of individuals found guilty or convicted and those individuals must be heard…that has got to be a case hearing…this never happened and interestingly the law talks about a report from the high court which by the way found,

  50. atleast in the case of Dora, that she was elected freely and fairly.
    3. The spirit of the drafters of these provisions were intended that if the person is found guilty he/she must not only have her seat nullified but must be prevented from holding office for another 5yrs
    It seems to me based on facts of law that unless the ACC and DEC take these individuals to court for the alleged corruption and have a legally constituted bench find them guilty, these individuals will by law have to be allowed to contest.

  52. PF remember this is not Zim, but Zed, where KK was shown the door and Chiluba’s third term was shown the door too. These were truly popular govts at one time, now they are history.

  53. Looks like PF cadres are just parrots! I am kindly asking the Editor to publish the Judgement in Dora ‘s Petauke seat nullification! If you cared to follow ,she had said the PF in power will stop the fertiliser input support programme,bring gayism and war in Zambia!! This according to the Judge disadvantaged the PF !! The question to ask is that a corrupt issue to stop the Iron Lady Dora from filing in her nominations??

  54. Apa epakalekana mikowa. I’m thrilled at the exposure of the remnants of the despicable MMD regime at ECZ and judiciary. Uno mwaka tuleimbane mfwembe mumeno. Dora nga kabwelela ku parliament na na kambole akafulama.

  56. @ to sata…you won’t be forgiven for insulting the Spirit! Our president Mr. Sata is a human
    being & he gives glory to Almighty God who put him in that office through the pipo of Zambia.
    How dare you give ba Sata the attributes of God? God, is God! Your bitterness won’t help you.

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