Filling of nominations in another setback as Acting Deputy Chief Justice Florence Mumba grants State stay of execution
The Supreme Court has granted a stay of execution of the High Court judgement that ordered the Electoral Commission of Zambia (ECZ) to accept nomination papers from former Petauke Central Member of Parliament (MP) Dora Siliya and two others.
This means that the filing of nominations set for Tuesday would not go ahead until the determination of the appeal to the Supreme Court against High Court Judge Mungeni Mulenga’s decision.
Acting deputy chief justice Florence Mumba granted Solicitor General Musa Mwenye the stay yesterday after the High Court had earlier declined to grant the application.
On Thursday, Ms Justice Mulenga declined Mr Mwenye’s application to stay the execution of her judgment that quashed ECZ’s decision that purported to block the trio of re contesting their seats.
Ms Justice Mulenga had refused to stay the execution of her judgement which she delivered on Tuesday ordering the ECZ to accept nomination papers of Ms Siliya and two others.
She quashed the decision of the ECZ that purported to block Ms Siliya and former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo and ordered that the three be allowed to re-contest their seats.
But the State on Thursday appealed against Ms Justice Mulenga’s decision while on the other hand applied before Ms Justice Mulenga for the stay of the execution of her judgement.
Ms Justice Mulenga declined to grant the relief sought on behalf of the State by Solicitor General Musa Mwenye.
“I have considered the ex-parte application affidavit in support for stay of the judgement granted herein dated 3rd September 2013. I hereby decline to grant the sought relief. Leave to appeal against my refusal is granted,” read order dated September 5, 2013.
Mr Mwenye of Stand number 22858 Lake Road Kabulonga had in his affidavit in support of ex-parte summons to stay execution, asked Ms Justice Mulenga to stay the execution of the judgment claiming if it was stayed, persons who have been adjudged to have been involved in corrupt and illegal practices would be allowed to contest elections without the law being clarified.
He said allowing the trio to re-contest their seats without the law being clarified could lead to an erosion of confidence in the electoral system thereby impacting negatively on the drive to have free, fair and clean elections.
The Supreme Court has set September 11, 2013 for inter-parte hearing.