Friday, March 29, 2024

Attorney General Mumba Malila appeals Court decision to allow Dora Siliya and others take part in By-Election

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ATTORNEY General Mumba Malila
ATTORNEY General Mumba Malila

Attorney General Mumba Malila has appealed against the High Court’s decision to allow former Petauke Central Member of Parliament (MP) Dora Siliya and two others to re-contest by-elections in three constituencies.

Mr Malila who is appealing against part of the judgment delivered by Judge Mungeni Mulenga on September 3, 2013 said the judge overstepped her boundaries when she issued a global order requiring ECZ to accept the nominations papers from Ms Siliya, former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo.

He has in his memorandum of appeal to the Supreme Court filed four grounds on which he is basing his arguments.

Mr Malila said Ms Justice Mulenga erred in law and fact when she held that Supreme Court judgments were binding on all parties including ECZ when she refused to give effect to the Supreme Court judgments which upheld the nullification or nullified the elections of Ms Siliya, Mr Mwale and Mr Sililo to the National Assembly on the basis that the trio had been involved in corrupt or illegal practices.

He said the lower court was wrong in law and fact when it held that ECZ was only mandated to act on the report issued under section 104 (6) of the Electoral Act number 12 of 2006 to take the action outlined in section 22 of the Act barring persons from contesting for any position for a period of five years.

Mr Malila said this was notwithstanding the fact that the law does not require the Supreme Court of Zambia to render a report to the ECZ upon its nullification of a seat on the basis of corrupt or illegal practices.

He further said Ms Justice Mulenga erred both in law and fact when she found that there was a lacuna in the law as she failed to give a full effect to the purpose of section 22 of the Act whose declared purpose of section was to bar persons who have been found to have committed illegal or corrupt practices from standing in by-elections resulting from a nullification on the grounds of illegality or corruption.

Mr Malila said the Judge was wrong in law and fact as she overstepped the boundaries of the case by issuing a global order requiring the ECZ to accept the trio’s nominations.

This he said was notwithstanding the fact that there were other criteria and qualifications, other than participation in illegal and corrupt practices required for the acceptance of such nominations.

Ms Justice Mulenga on Tuesday quashed the decision of the ECZ that purported to bar the trio from re-contesting their seats and ordered ECZ to accept nomination papers from them on the date it would set.

ECZ has since set September 10, 2013 as the date for filing of nominations and September 26, 2013 for the by-elections.

50 COMMENTS

    • PF is just wasting their time. Even if Dora, Hastings and Maxwell were barred from re-contesting their seats, PF would still lose with a wide margin like it has been the case in Mkaika. It is indeed their black Friday today. Can you imagine losing a high court case against Dora and group, losing Sakeni, losing Mkaika, having to contain the growing divisions in the party where two camps have arisen and up in arms against each other. All this is happening just after was reported to have had collapsed for about 45 minutes prompting the securities offices to surround State House and ZNBC not long ago. Indeed, the time for PF is finally up.

    • I know it is the constitutional right of the government to do so but I for one I would rather have these corrupt chaps stand just for goodness sake.My philosophy is that the good must outweigh the bad and I think it is better to allow them to stand.Stopping them might send a wrong signal that we are fearing them while we are just trying to preserve law and order.Bwana Malila please drop the appeal.

    • Mumba learnt from his experience with RB that professionalism does not work with politicians. So he just does what they tell him to do. When this matter first appeared it was the PF as a party complaining and not Government (through the ECZ). All of a sudden it is Government complaining. So how do they reconcile the fact that ECZ announced a nomination date “seconds” after the court judgment yet days later AG is lodging an appeal? It is clear that ECZ is not interested in the appeal.

  1. bitternes, hate and fear is confusing!!!… Dora, maxwell and Hastings should not be threats to the `might` PF. Alot of money and time is being wasted with court cases,, malila please!!

    • People have to read in-between the lines, this appeal was not drafted by the Attorney General but by the Secretary of PF. Immediately after the ruling the case, the PF Secretary informed the public that PF shall appeal the case while the Attorney General stated that he was still studying the case before thinking of any action; this is just a few days ago. Many observers of the case wondered how the PF Secretary was going to appeal the case when PF was not party to the court case and had no locus stand to join the case, more especially at an appeal stage. From the events leading to the case and following the court ruling, It is plausible that the Attorney General was arm twisted to became a useful ***** and submit a PF appeal in the name of his office.

    • @Malwa, who does not distribute “gifts” during elections? Even PF are doing in every election since they came to office. The euphoria of MMD’s 2011 defeat has waned, people now know PF was all air and no substance and are voting wisely. PF fail to accept that reality.

  2. Oh Mumba just let the PF face Dora in an election and stop with the technical disruptions already. .. read the writing on the wall for goodness sake…

  3. Fear of defeat and embarrassment at play.
    PF overrated themselves and thought they will just get all the seats that ease.
    But now withy he current results, they have to do everything to get out of embarrassment.
    Whether the trio stand or not, PF will not scoop the seats.

  4. Attorney General you are trying to kill 2birds with one stone, nullification just invalidates the elections not the individual from standing, you quote it very well “the person has been found to have committed…” you haven’t convicted those people and everyone saw how you orchestrated the whole thing over night ending up with a weak case in court trying to do short cuts don’t forget these people are not kaponyas
    they have hired good lawyers to argue their cases, you are wasting our money,with this Kabimba’s mentality of losing every case even LAZ who are knowledgeable of the law are not on your side

  5. MUFWAYA FYAMIWAMINA.
    Even if the court drops the trio, PF shall lose this time. People has lost interest in PF because it is seen to be a violent party. We are just waiting for 2016 to come closer. Even in the Bible there were many Leaders who led Israel less years and this the time because we have seen and sported many problems in PF. It does not listen to people when they cry.

  6. Sad to see a professional like Malila being used in very dirty schemes. This is not about the state. It’s PF abusing state institutions.

  7. Courts,courts what’s all this fuzzy. The Zambian Constitution is like a Bible U need a TBJ to interpret or in a game park for a game ranger to show you safe traits. The CIRCUS CONTINUES. Why not accept the ruling and just participate in the bye- elections? The voters will decide whom to vote for. Start auditing.

  8. Does this mean, Mumba Malila represent PF? this is because, Winter Kabimba stated that PF will appeal. What interest has the government through Malila on this case? this is ridiculous, frivolous and malicious. Its now like the government is fighting its people, where on earth? In the first place, it was individuals who appealed to supreme court, not Government through Malila has taken over, wasting tax payers money for matters that they lost. Hospitals have no ARVs and other essential drugs, staple food like Millie meal is costing above K90, where are we going, just accept that you, PF, Malila, and your cohorts are a looser. With or without Dora and Maxwell, you are losing those seats, you will never have majority in parliament. I wish once again congratulate the Mukaika people

  9. Bravo AG! This is a matter of principle. Principled leaders remain a are breed on the continent. That is why poverty and underdevelopment continue to haunt African countries. The next case will bring more light.

  10. There is a fundamental shift in the way people perceive the ruling PF party now. Mkaika and the other 4 last bye elections were a good litmus test. PF must realise that it is no longer a Dora issue. Even a frog can win that seat against the PF. Let them change their approach and accept that they have made mistakes especially over taking people for granted – BUFI!

  11. AG Let this matter rest and let the people rest from this circus. Let people decide through the vote after all PF claims to be very popular. Development is needed not this circus going on.

  12. Most of you guys who have written above you are bitter. it shows that you are MMD kaponyas. In Politics people out do each other. for PF win or Loose does not matter because the bye elections are in MMD home ground. The President tells the electorates that if they vote the opposition it is up to them.

    • Bitter???? I wonder if you are still in opposition. PF is bitter for one simple reason; they thought they would swing all seats nullified but alas that is not the case. Don’t kubeba is working against them. Viva to peace loving Zambians

  13. I guess you want the illegal Chief Justice to rule in your favor like we all know she without dignity will.The foolish man is the one with eyes but can not see, with ears but can not hear.PF the Zambian people have rejected you,at least the ones in Eastern Province.Stop wasting money and time.

  14. This is a waste of time, PF can never win these 3 sits… People don’t want PF, you can put a chicken as a candidate to stand against the PF candidate and it will win

  15. These moves are scary to the general membership of mighty PF. Fake lawyer and Injustice Minister Wynter and Mumba, please, prove that PF is stronger than Dora, Mwale and Sililo by defeating them in the polls, not by using the illegitimate (acting) CJ.
    The procedures to be follows before High Court are in position to bar them from re-contesting the seats are yet to be. So if the Supreme Court rules in favour of Mumba and Wnyter then Zambians should not regard Chibesakunda as their CJ but PF CJ.

  16. Sad to see how corruption has become an acceptable reality in Zambia. If these attitudes persist from the general population, the poor will always remain poor and the rich will keep getting richer. What sense is there in supporting people involved in electoral corrupt practices to re contest their seats?

  17. Muyopa chinji a Mumba. Dora will carry the day…just look to Mkaika voters and you can tell the results, no rocket science.

  18. Removing subsidise to fund road construction.Look at the kind works being done on roads.Chinese sub-standard at work.So sad.Only fools who have been blinded can support this kind of nonses.

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