Thursday, March 28, 2024

Dora, Maxwell Mwale and Hastings Sililo are free to stand-High Court rules

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High Court

The Lusaka High Court has ruled that Dora Siliya, Maxwell Mwale and Hastings Sililo should file in their nominations.

This is in matter in which the three had applied for judicial review following the decision by the Electoral Commission of Zambia -ECZ-to bar them from filling in nominations in Petauke, Malambo and Mulobezi constituencies.

High Court Judge Mungeni Mulenga said the decision by ECZ was not in line with section 104 subsection 6 of the electoral act.

Judge Mulenga has instructed ECZ who are the second respondent not to bar the three from filling in their nominations.

Judge Mulenga also stated that the press statement issued by the judiciary did not have any legal consequence on the proceedings.

And UPND Secretary General Winston Chibwe has welcomed the court ruling.

And in Congratulating Ms. Siliya, MMD President Nevers Mumba has welcomed the judgment saying it is in line with people’s expectations that democracy should not be suppressed by the ruling party.

And Dr. Mumba said the high court ruling is in line with the law and has advised the PF that politics of confusion, vindictiveness and lawlessness will diminish their position in the political arena.

He told Hot FM News that the MMD is now ready to face the PF in Petauke Central.

125 COMMENTS

    • I expect Winter to appeal to the supreme court. This decision of the High court was expected becuase it is in line with their earlier rulings on the matter. I expect the Supreme court to reverse this ruling because it (supreme court) has already made known its position on this matter via their earlier “press statement”. This whole process is so painfully predictable.

    • To all PF cadres if only you listened to Nostradamus… he warned that kabimba was not only a danger to himself but the zambian society as a whole and you didnt listen!!

      mwashala muli mwamoneni

    • WRONG TITLE
      You are responding to a wrong title It should read allowed to file in nominations
      mukazibelenga chizungu muna chitako can you remember mbuli imwe

      The Lusaka High Court has ruled that Dora Siliya, Maxwell Mwale and Hastings Sililo should file in their nominations.
      This is in matter in which the three had applied for judicial review following the decision by the Electoral Commission of Zambia -ECZ-to bar them from filling in nominations in Petauke, Malambo and Mulobezi constituencies.

    • There is a very serious mismanagement of state affairs in Zambia. Consequently, the need to completely overhaul the political direction in the country. Just shared history of Mexico, it back 70 years ago when Mafia’s ruled. Zambia were going back in 1970’s and 80’s.
      I think civil servants should be allowed to full contest as MPs and later allowed to run most of these affairs.

  1. Kaya kaya. within a month Kabimba has lost two cases. witness for RB worse, NGO man case withdrawn…………..
    I think these Mps should just get back thier seats to teach some people a lesson.
    GBM go go go tell us more about 14,………

  2. Too bad to loss credibility like that. All cases from CJ have retruck at high court. Why??? the woman does not qualify.
    impeatchment for Minister of Justice.

  3. BRAVO! THE DEVIL HAS FALLEN. WE TOLD YOU THAT THESE GOVERNMENT LAWYERS (KABIMBA, NCHITO, MWENYE, MALILA) ARE USELESS AND ARE BEHAVING THE WAY THEY ARE BECAUSE OF GREED. FROM THE START THEY KNEW VERY WELL THAT THEY WERE DEFENDING A NON ISSUE BUT BECAUSE THEY HAVE TO IMPRESS SATA, THEY CHOSE TO GO THE WHOLE HOG TO EMBARASS THEMSELVES. BY THE TIME PF IS OUT OF POWER, THESE LAWYERS WILL BE USELESS BECAUSE NOBODY WILL RESPECT THEM. BRAVO AGAIN DORA, MAXWELL AND HASTINGS. COME ELECTION DAY, WE SHALL TROUNCE THESE ID.IOTS AND CONDEMN THEM TO THE DOLDRUMS. WHAT A BEAUTIFUL DAY IT IS WHEN THE TRUTH PREVAILED AT LEAST FOR ONCE! WE SHALL SEE WHETHER THE EMBATTLED IDI.OTS WILL APPEAL THE RULING.

    • AND WHAT DO YOU SAY ABOUT MADAM CHIBESAKUNDA? I CANT SEE ANY INSULT BEING THROWN AT HER SO FAR? DO YOU STILL THINK THE JUDICIALY IS IMPARTIAL? IF THE JUDGEMENT WAS IN FAVOUR OF PF, WE COULD HAVE JUST BEEN READING INSULTS. AND DONT CELEBRATE YET, WAIT FOR ELECTION RESULTS. SOME OF YOU WILL COLAPSE. PF IS STILL SOLID AND POWERFULL. BY THE WAY, THE PARTY IS IN POWER ATLEAST FOR THE NEXT 8 YEARS.

  4. WHY THEN DID THE SAME HIGH COURT NULLIFY THEIR EARLIER ELECTIONS IF THEY HAVE NO CASE TO ANSWER, THEY COULD AS WELL JUST BE REINSTATED AND AVOID COSTLY ELECTIONS. SOMETHING IS SERIOUSLY WRONG WITH THE JUDICIAL SYSTEM IN ZAMBIA.

    • AN ELECTION CAN BE NULLIFIED FOR VARIOUS REASONS INCLUDING VIOLENCE BUT DOES NOT MEAN THE CANDIDATE WAS DIRECTLY INVOLVED IN THOSE MALPRACTICES.

    • I completely agree with you. I wondered the same thing. We seriously need to overhaul our judicial system. How can a court say you were not legitimately elected because of corruption or some mal-practice, then the law says if you have misconducted yourself you are not eligible to stand – but the same court say no it is ok you can stand. What nonsense is this?

      There is a need to stump out electoral corruption and malpractices in Zambia and the courts have a big role to play if our democracy is to advance.

    • nullification and conviction are two different issues…..the high court nullified the seat but did not convict the person…unless u tell me here that both Dora & Mwale were serving some jail term for electoral malpractices

    • This is the case of the high/supreme court failing to follow the law. The law says the court must furnish a report to ECZ, it is on this report that ECZ makes a decision on firm ground to bar offenders. Now in this case ECZ was acting on hear say backed by nothing but rummers from kabimba’s runting.

    • Hello,
      Election results can be declared null and void and, consequently, your seat nullified, even if you, as a candidate, did not personally engage yourself in electoral malpractice…,as long as your agent did so. But, fortunately, or unfortunately, the guilty of your agent does not render you, the candidate, equally guilt. So, there are issues that hinge on the process itself while others have to do with individuals in that process. If Dora, Maxwell and Hustings’ agents will again be found to have violated the Electoral Laws, after say they have been declared winners, again their seats may be nullified but the Law will again no bar them from re-contesting! That’s my little understanding of the Law and I stand to be corrected if that is not the right interpretation.
      Good day pals.

  5. This is great news! That judicial oficer who gave midnight press statements on behalf of Kabimba should be fired. Infact Kabimba should be fired,to follow suit should be the attorney general who has also lamentably failed to advise the president on legal issues.

  6. too early to celebrate, as pf may appeal to the supreme court and we all know the judgement which the supreme court will pass

  7. ANOTHER KITCHEN SINK THROWN AT KABIMBA AND FELLOW RIFF RUFFS! Hes maintained his record in the court room,put this scum bag name kabimba in the English language,it should be a verb,TO KABIMBA meaning not to win any case in ones career as a lawyer.

    • When will the PF learn that they cannot depend on Wynter Kabimba for legal advice? The man harbours a lot of hatred and vindictiveness to the extent that it clouds his better judgement.

  8. Suppose these three win back their seats and are later convicted for their corruption cases, will we have another round of by-elections?

    • good question.
      the problem here is not the corrupt mps per say.
      its just a case of the executive fighting the judiciary.
      if not, what was the reason(s) given by the supreme court when nullifying these 3 seats if not ‘rampant corruption’?
      why are people, especially the opposition, promoting corruption in this country? if i may ask.

    • They can never be convicted of electoral malpractice visa vis corruption if at all they commited corruption in person coz the one year time factor has already elapsed. This now is 2013.

  9. I think the judiciary is causing confusion in this country .Why did they nullify the seats in the first place?However,pf is showing that democracy is at work. I must agree with those doubting the calibre of Kabimba and minions. Dey re a minus to pf.

    • AN ELECTION CAN BE NULLIFIED FOR VARIOUS REASONS INCLUDING VIOLENCE BUT DOES NOT MEAN THE CANDIDATE WAS DIRECTLY INVOLVED IN THOSE MALPRACTICES

    • The interpretation of the law by the courts is very clear here. I wonder why people are getting confused here. An election result may be nullified by the courts due to several reasons such violence, corruption and use of language which borders on character assassination against a candidate. Even when an election is nullified by the courts, the law is clear as to when a candidate can be disqualified from standing. A candidate WILL ONLY BE DISQUALIFIED FROM STANDING when such a candidate has been convicted of CORRUPTION. In such a case the registrar of the high court is required to prepare a report to be presented to ECZ. The court will also inform that candidate about the court’s decision. Therefore, it is important not to put all facts in one basket.

  10. When are they going to add another level of courts on that high-court? need more court rooms, there are so many cases in Mutembo’s office.

    • Nostradamus, my thoughts exactly when I look at our High Court. We need two more levels added. We have a lot of senior lawyers who can be appointed high court judges. This will help decongest the high court and cases will be disposed off at a faster rate. After all, isnt justice delayed justice denied?

  11. Dora…. this is your chance to shine girlfriend make sure you leave no stone unturned, campaign campaign, that sit is yours and yours only, these old men have no stamina show them that they are little boys making too much noise for our liking, i wonder what happenned to us Zambian girls with strong veins and fresh blood to rule, maybe it’s time we all stood up for our girl, i think this time she is more than ripe and mature for she has been through thick mud. Am tired of all these grey haird bald headed men fighting each other for our resources, who do they think they are to choose whose eligeable to stand ummm? Nobodys accept we give them the right to abuse us and ours, shaa!

    • How am i being sexist or ageist? Is it not true that 98% of politicians or parliamentarians are men? Is it also not true that 99% of these polititians are above 65 years old? Notice i have said 99% that means the rest are below that age, that be the case….would you not worry as a healthy learned fellow who wants the best for their country considering we have a problem? Just look are the circus show casing every day, what are we learning from all this fracas?
      Am i getting you right or you just sense me wrong? If you have evidence contrary to my insinuations please lay it forward i would love to know so that i worry no more because the statistics indicated are sickening in this day and age!

    • Quote: ‘these old men have no stamina show them that they are little boys’ and ‘Am tired of all these grey haird bald headed men’.

      You tell me there is nothing wrong with the tone you have used in the quotes above? Also, do you have evidence of the statistics (percentages) that you given above?

    • Imwe ba Junior Elephant i was speaking metaphorically just as am doing right now which i hope you will get if you wont fire up in flames at the sight of the new name i have given you…… hihihihi, i can mean anything with that sentence, am not insulting any one relax sir, the fact remains that the figures i quoted there exist, infact if i want i can go with you to pally and count each one of them one by one and see if the number of women paliamentarians will reach even a good 50 plus, You sir must take it easy those “wise men” in our paliament are tired of dreaming it’s about time we woke them up.

  12. Lower courts have been shown to raise ceratin critical issues regarding miscarriage of justce. This is one such case. If corruption was proved, then missing one election or at least paying a fine would be desirable. When it comes to justice, then it is necessary to create a sense of responsbility in the community. Impunity sends the wrong signal for future generations.

  13. Mafias at work! No wonder Chibesakunda is not wanted in the judiciary. Pf must be strong for the tentacles of these Zambian mafias have spread even within pf innercycles.That’s why confusion is spreading in pf.

  14. Genesis chapter 12 “I will bless those that bless you and I will curse those that curse you”

    Maybe Kabimba is undergoing what is written in the Bible following his stance to stand with nations that does not want Israel to exist. Just thinking.

    • No amount of appeasing Israel will save you from poverty. Israel is just a country like any other. They work so hard in that hostile environment to survive. Many countries dont support Israel and yet they are very peaceful and prosperous. PF is vindictive, arrogant and jealous. They want to disregard the constitution with immense vulgarity. They depend on their arrogant and highly partisan Minister of Justice for issues that need level headedness. Mr. Kabimba is a great liability to PF and the sooner they eliminate him the better. He is a minister of Justice who is full of himself and nothing else. Anyway, that is the whole-mark of non performers. They are pure empty tins full of meaningless noises. Big man politics of the PF should be consigned to the rubbish dump!

  15. Great News!!!! Well Done Lusaka High Court. Another big slap on PF’s face, what an embarrassing ending. Dora My not be the best candidate but on principle, I support her fight for this, as PF are trying to weaken our Judicial System. Let By-Elections Take place.

  16. To the PF dunder heads: When the court nullifies and election due to corrupt mul-pratices, they don’t mean that the elected MP is conviced of corrption. IT may be that other people enganged in corrupt activities on their behalf. There it would not warrant them being barred from standing!!! infact in the case of Dora the reason was not even corruption but what she said which tended to sway people to vote for her!! Ukwa is doing the same in every compaign he goes to make saying ” if you vote for PF I will develop this place” So even the PF MPs who have been elected in the recent past could have their elections nullified based on the messages Ukwa has been chunning out to the electrorate.

    • Thank you for educating these PF Kaponyas, their understanding of issues is so limited such that they can even interpret simple laws.

      Ukwa was in Mukaika yesterday doing exactly what Dora did, Guy Scott has been doing the same everywhere he goes to campaign.

  17. Ba Shetani ba PF will come up with plan B or they will simply appeal to supreme court to buy time and use that disgraced woman madam Chibesakunda to turn down the judgment by the high court.. They have been taught a bitter lesson and they will loose the three seats. This party PF is not going anywhere and the trouble will deepen soon. Chawama justice has prevailed at the last minute. God is watching and PF will swallow its own medicine. We are tired of politicking at the expense of development. All the Pf knows is politicking as opposed to govern the country. A good lesson indeed.

  18. hahahahahahahahahabhabha………………………….. i like this scenario, kabimba must be shivering with rage that his schemes have come to naught. even his presidential ambitions are pointing towards the same direction. now lets see the fight in the ring. we need to change chambers more quickly please. next………..! yaaabaaa..!

    • WRONG TITLE
      You are responding to a wrong title It should read allowed to file in nominations
      mukazibelenga chizungu muna chitako can you remember mbuli imwe

      The Lusaka High Court has ruled that Dora Siliya, Maxwell Mwale and Hastings Sililo should file in their nominations.
      This is in matter in which the three had applied for judicial review following the decision by the Electoral Commission of Zambia -ECZ-to bar them from filling in nominations in Petauke, Malambo and Mulobezi constituencies.

  19. The high court did not nullify Doraz election but upheld it. It was the compromised supreme headed by an illegal chief justice

  20. I totally agree with Maja here! The words Cindy has used to describe our male politicians are rather disrespectful. Am sure she would not be pleased if I said ‘young twats like like Dora should first learn their profession in a brothel and when they are too old be be of any use, they should join politics’.

  21. An apeal is eminent & most likely!Evn then $ bokosi isnt a permamnent factr politcaly.She remain a shadow of past.Pf go down with campaigns into the interir.Worrk had on real isues not insults & violence.Explain yr implementations & scores to electorates.Aftral u re ib govt & al is at yr disposal.Work hard relax not thts it.Viva ure on track with seltembr increments apeal to civil servants & convince them.Fight relentlesly!

  22. INSTEAD OF WASTING TIME WITH THESE CASES, THE PF SHOULD FACE DORA HEAD ON IN PETAUKE AND CRUSH HER FROM THERE. INSTEAD OF LOOKING LIKE FRIGHTENED LITTLE BOYS. AND YOU DONT NEED TO WIN ALL THE SEATS IN PARLIAMENT. DORA MAY STILL WIN IN PETAUKE.

    • They need the 106 to make a one party state in which Ukwa will become a life president to be taken over by his now very rich dog-selling son Mulenga. We will fight your pa fipuba tooth and nail to ensure that that never happens.

    • If PF was sure of crushing Dora in Petauke, they would not have tried to block her from standing in the first place. Their attempt to block her is clear sign that they are afraid of loosing. This election is coming just after their defeat in Chipata central. PF has sensed that their political fortune in eastern province is uncertain.

    • Yes you are right. There is also a heavy presence of MMD in the Pa fipuba party and they are the ones who are causing the fighting between Kabipa and the great bag of manure. Also it is because they are too many MMD in the press that is why Ukwa will not hold a press conference and there are too many peasant farmers who are MMD that is why they are refusing to grow maize. and there are too many MMD in the companies that manufacture ARVs that is why there is a shortage and there are too many MMD amongst the oil delivery drivers that is why there is a shortage of fuel in Lusaka.

    • Chama, contrary to what you believe in PF, thinking can be beneficial and quite enjoyable. Mphendula Kayaula, I thing you shud have stated that you were joking coz genius Chama might quote you as a reliable source about the MMD infiltration.

  23. In this political episode,the highly compromised Supreme court thru the illegal chief justice is playing the Confuser of men, not the high courts…even on the supreme court bench, there are only a few rotten nuts,some are honourable men and women who have only failed Zambia and justice by their failure to resign in protest against political interference of tragic and historical proportions…I say so becoz these are very legally enlightened pipo that know deep down their hearts that they never recommended the prosecution of Dora, Maxwell and Sililo when they nullified under duress their seats hence the absence of such a report at ECZ…this means they found no specific corrupt practices directly linked to the three Legislators…thus ECZ had acted within the confines of the electoral act

  24. Winter should be linked to a MALINSO, fall from the roof top but still climbing. Let this guy resign, he’s a very stiopet mini-sta

  25. The saga crawls agonisingly forwards…

    This would indeed be a legendary legal saga on a par with the finest in the comic literature, if it weren’t for the fact that some Zambian people are still waiting for representation in Parliament after all these months!

    But we will get there in the end!

  26. Iwe pre mature if you don’t have words to say its always wise to be quiet! Tiziba takufyantani pamitu bamambala! Bravo Dora,maxwell and sililo

    • Why is Judge Chikopo in the country? Why was Ernest Sakala hounded out of office and why is Chisebanyakunya chief justice when it is against the law? Even if Chisebanyakunya was eligible to be chief justice, the fact that she is a close relative to Ukwa would in normal circumstances bar her from the position simply because that close relationship with the president would bring into question her ability to interpret the law in a neutral or impartial manner.

  27. Let the rule of law take its course. If Mungeni Mulenga has genuinely passed that verdict without undertones of corruption, let it pass. Dora Siliya, Maxwel Mwale and Sililo are entitled to their democratic rights. Let them file their nominations. If they are lucky let them be voted back into parliament. But at what cost? Corruption will stay in Zambia as a philosophy, the constitution of Zambia will have been raped by allowing people linked to corruption to grace the electoral system, the 90 days period given to conduct by-elections will no longer be binding as by- elections can then be held within a period of even ten years, Parliament will no longer retain the dignity it has enjoyed if male parliamentarians can be insulted so casually by a female member raising a middle finger.

  28. It is really interesting how the laws are interpreted. Indeed the trio had their seats nullified on the grounds that their election was not free and fair because of corruption. But today they can be allowed to stand because they were not convicted of any wrong doing, then why did they nullify the seats and what is the punishment for those who are voted into office through corruption and deceit? The moment the seats are nullified, the courts or anti corruption commission should take those people to court for corruption so that they are punished with a jail sentence. Nullifying the seats is not enough because it literally does not change anything as it simply calls for new elections which the culprit is free to contest!

    • If what you are suggesting was to happen, then all you would need to do is dress your cadres in an opposing party’s regalia and unleash them on unsuspecting voters and then petition the courts with your evidence. The person who wins a seat is not necessarily the one who is involved in any form of malpractice per say and in these particular cases the nullification of seats was suspect because of the fact that judge chisebanyakunya was involved and were more about fixing political opponents than a desire to see electoral justice and transparency. It is highly unlikely that Dora and Maxwell were not going to win their particular seats so pa fipuba are simply being malicious in taking these cases to court in the first place.

  29. kekekekekekekekekek and there was summer on muvi tv talking as usual kekekekekeke wavi chita vipondo muzanya bwino ku sogolo uku

  30. i advised pf to root out all judges appointed by RB who are members of the umkhonto we sizwe, the armed wing of the opposition. These judges continue to embarrass the bench with their childish reasoning.
    Ve never heard of this husband grabber judge, who appointed her and for what. Surely under RB,GRZ never used to loose cases this way not coz rb had better legal team,these judges ve just become imbeciles.

  31. Most people commenting in favour of the corrupt people are in the diaspora, I may not understand the legal technicalities but the truth is that the former government was so CORRUPT that’s why even with government machinery,
    the people of this country emphatically rejected them. GOD BLESS ZAMBIA

    • If GBM, Kabimba and Sylvia Manda Manda had resigned in order to faciliate corruption investigations against them then maybe you would have had a point. You cant support a government that facilitates the blatant raiding of national coffers through unending by-elections, a bloated cabinet, pays $210 million dollars for cctv and hands the first lady a blank cheque for a non-existent office to mention a few and condemn a previous regime whose economic success was there to see. Just ask yourself seeing as though you are not in the diaspora how much you are paying for mealie meal now and how much you were paying for it under the supposedly corrupt previous regime. And if RB was so corrupt how come he left billions in the coffers whereas now there is nothing?

  32. The court has allowed them to file in nominations but the ECZ has the decision at hand. Not that they can stand. Its in the jurisdiction of the ECZ to decide based on the report from the court regarding the names. The procedure was wrong to stop them from filing in nominations and naming the people through media. Now they are to face the ECZ through applying and its here that they will meet the law in its stance. tiyanganache

  33. If the judgement was in favour of the state , people would have say CJ and the the judiciary is compromised. So in future if the judgement is in favour of the state please dont cry foul. the judgement to me cleary shows that they acted independently. Now what next?. Is the state going to appeal.

    • the state needs not to appeal its all about filing in nominations which the court has allowed. Applying for nominations is open but remember its up to the ECZ to decide. What ECZ did was wrong to bar them from filing in nominations. It acted before the application was made.

    • WRONG TITLE
      You are responding to a wrong title It should read allowed to file in nominations
      mukazibelenga chizungu muna chitako can you remember mbuli imwe

      The Lusaka High Court has ruled that Dora Siliya, Maxwell Mwale and Hastings Sililo should file in their nominations.
      This is in matter in which the three had applied for judicial review following the decision by the Electoral Commission of Zambia -ECZ-to bar them from filling in nominations in Petauke, Malambo and Mulobezi constituencies.

  34. The trio were not convicted,dats da point Summer and Edgar missed…. i am crying as i watch da party in power going into oblivion..lose of cases,internal wrangles,fearing for their lives,loses in Bye elections,pipo criticizing them everyday,more songs of bufi being sung and CJ issue eeeeh imweee give them tym to breath.

    • WRONG TITLE
      You are responding to a wrong title It should read allowed to file in nominations
      mukazibelenga chizungu muna chitako can you remember mbuli imwe

      The Lusaka High Court has ruled that Dora Siliya, Maxwell Mwale and Hastings Sililo should file in their nominations.
      This is in matter in which the three had applied for judicial review following the decision by the Electoral Commission of Zambia -ECZ-to bar them from filling in nominations in Petauke, Malambo and Mulobezi constituencies.

    • Applying for nominations is open but remember its up to the ECZ to decide. What ECZ did was wrong to bar them from filing in nominations. It acted before the application was made.

    • So you are confirming the reason Ukwa put in Chisebanyakunya as chief justice despite the fact that she does not qualify and regardless of the fact that it is blatant nepotism, is to fix political rivals? Great! We will keep that evidence for future reference. Whether Dora and co will fight the seats in question or not, one thing is certain, paya farmer will not win those seats. So in the end this will be yet another exercise in money squandering by Ukwa and his minions.

  35. Is this the so called “Aleisa aleisa’ who is continuously being embarrassed in the courts of law.which Law were you stating iwe chimbwi.. That Dora ,max and that lozi guy could not stand?You’re not even ashamed.careful nala kutuka chifulusasa kolokombwa iwe.

  36. SCARED OF A 4-0. IF DORA, MWALE AND SILILO ARE NONENTITIES Y NOT LEAVE TO MEET THEM ON THE GROUND. TAKE IT OR LEAVE IT PF 0 WHILE OPPOSITION 4 IN THE 4 BY-ELECTIONS AHEAD

  37. I have not probs with the three standing. What am against is the corruption and electoral malpractices. We must come up with a Law to bar people involved in such.

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