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Judgement for by elections judicial review set for September 4th

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LUSAKA High Court Judge Mungeni Mulenga has set September 4 as the date for judgement in a matter in which former Petauke Central member of Parliament (MP) Dora Siliya and two others have been granted leave to commence judicial review.

This follows the Electoral Commission of Zambia (ECZ)’s decision to bar Ms Siliya, Maxwell Mwale and Hastings Sililo from contesting parliamentary by-elections.

Justice Mulenga came up with the date yesterday in chambers after both parties made their submissions in the matter.

Justice Mulenga said the ruling on whether the Patriotic Front (PF) should be allowed to join the judicial review involving the three disqualified candidates for Petauke Central, Malambo and Mulobezi parliamentary seats had been set for August 3 this year.

This is in a case in which the trio – Ms Siliya, UPND’s aspiring candidates for Malambo Mr Mwale Malambo and Hastings Sililo for Mulobezi constituencies – respectfully contended the decision by the ECZ to bar them from filing their nomination papers.

The trio was then granted leave to commence judicial review proceedings in the matter to hear their oral submissions.

The filing of nominations which was scheduled for August 5 this year was postponed indefinitely until the matter was disposed off.

Ms Siliya, Mr Mwale and Mr Sililo filed for judicial review asking the court to quash the decision of the ECZ to disqualify them from filing nominations.

The trio was also asking for an order of prohibition retraining the ECZ from barring them from filing their nomination papers.

In response, Attorney General Mumba Malila has asked the Lusaka High Court to dismiss the action by the three opposition parliamentary aspiring candidates in Petauke Central, Malambo and Mulobezi constituencies.

7 COMMENTS

  1. That is always the case when a nation/ country allow thugs, paupers, imbeciles and moron with no brains to run the affairs of the country. What do you expect from people who used to sleep in the gutters ? when they are given the mendate to rule the country, they feel they have now become gods themselves and begin to mistreat others without remorse. They themselves become law, what a shame.

  2. What is being communicated – no doubt justifiably – is that, firstly, there is something wrong with disqualifying election petition losers from being accepted as candidate; secondly, this wrong doing is a consequence of the inappropriate background character and (in) experience of influencing people in government; thirdly, there is anger and frustration both over the wrong being done and the wrong doers who enabled to do wrong be being in position of power they should be disqualified from holding.
    Firstly, what is communicated down grades and blurs the message by rather sweeping and abusive name calling language. Secondly, there an unfulfilled need for spelling out exactly what is legally, morally and politically wrong or right with the action, the manner of action, the actors over…

  3. Firstly, what is communicated down grades and blurs the message by rather sweeping and abusive name calling language. Secondly, there an unfulfilled need for spelling out exactly what is legally, morally and politically wrong or right with the action, the manner of action, the actors over this matter. Thirdly, what is proposed to be changed in the national values and governance principles, the Constitution, relevant subsidiary legislations, political culture practice and culture, in order bring about a corrective change in candidate qualifications and disqualification and the conduct of elections. Fourthly, and most importantly, let no one be frustrated into giving up on the struggle to democratize Africa, because democracy, freedom and justice is a work in progress, particularly in…

  4. Proverbs 28:2 Says “when there is moral decay within a nation, its government topples easily,but wise and knowledgeable leaders bring stability.

  5. Dora and co. have a very strong case in as far as judicial review is concerned and, all things being equal, they should have their day since it is clear that due process was not applied. However, having indefinitely postponed the filing of nominations, and the relevant reports received by the ECZ, it is unlikely that the LAW will take the position of “as we were” before the statement issued by the Public Relations Officer of the Judiciary. I think the Courts will rule that the ECZ erred in acting on the statement and that the trio should have been allowed to proceed with filing their nominations and perhaps direct the ECZ to start the process “afresh” and that is where the trio will fail. The new start cannot not ignore the reports unless they challenge the supreme court findings.

  6. Wondering what kind of minister he is. Even his own youths want to air lift him from his own party. Iam begining to doubt the legitimacy of Kabwata member of parliament Given Lubinda’ s suspension. Ukukosa umutima I pray that they are clean too.

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