The ruling Patriotic Front (PF) has asked the Supreme Court to invoke section 104 of the Electoral Act number 12 of 2006, which bars any candidate found guilty of electoral malpractice from standing again for five years. In an appeal, the PF candidate’s lawyer Bonaventure Mutale said that the supreme court found that they were guilty of electoral malpractice.
“In this matter, we are asking the Supreme Court to give directions as how section 104 of the Electoral Act is to be applied, especially bearing in mind the fact that in its judgment nullifying the election, the Supreme Court had found that they had been guilty of electoral malpractice,” Mr Mutale said.
On Thursday, the Supreme Court nullified the election of Dr Kazonga and Mr Kakoma for electoral malpractice.
The former Vubwi MP, who also served as Agriculture Minister in the Rupiah Banda administration, is said to have given headmen in the constituency K20 million (old currency) each to attend his campaign meetings.
Mr Kakoma is said to have diverted hammer mills from Mwanse to Chinyingi in Zambezi, a move that could have influenced voters and disadvantaged the competition. The duo’s election was petitioned by PF’s Vincent Mwale (Vubwi) and Christabel Ngimu in Zambezi West.
“So we are to that extent asking the court to give directions to the ECZ [Electoral Commission of Zambia] as to how this issue should be dealt with. That is the purpose of this motion: to invoke provisions of the law to ensure that the two candidates in Vubwi and Zambezi West constituencies, whose election was nullified, are barred from standing for elections again,” Mr Mutale said.
In a notice of motion filed in the Supreme Court on Friday, Mr Mutale wants the court to determine whether, on a construction of sections 22 and 104 of the Electoral Act number 12 of 2006, read with section 9 of the Supreme Court Act, Chapter 25 of the Laws of Zambia and in view of the finding of the Supreme Court that Dr Kazonga is guilty of having committed corrupt practices in connection with Parliamentary elections held on 20th September 2011 in respect of Vubwi constituency.
“…it is incumbent on the High Court to make a report to the 2nd respondent (ECZ) and Director of Public Prosecutions on the finding that the first respondent (Dr Kazonga) committed corrupt practices in connection with the Parliamentary election…
“Whether the first respondent may contest any Parliamentary election in Zambia in the period of five years from the submission to the second respondent (ECZ) and the DPP of a report prepared by the High Court; and it is incumbent on the ECZ or the National Prosecutions Authority to prosecute the first respondent (Dr Kazonga) for corrupt practices under the Electoral Act.”
And in his affidavit in support of the notice of motion, Mr Mutale says: “It is unclear whether the first respondent (Dr Kazonga) is eligible to contest any election held in the next five years, or whether the High Court, the second respondent (ECZ), the DPP, and/or the National Prosecutions Authorities must take any steps in view of the finding by this Honourable Court that the first respondent is guilty of having committed corrupt practices in connection with the election.”
dullness at it’s level
Imagine! Just because you pay people to attend your rallies and give them hammer mills, you think these same people will put their inked thumbs on your name on election day? How childish.
Like many laws in Zambia, this part of our laws has largely been ignored in the past making electoral corruption an “acceptable” way to get support.
I ma happy this is slowly being applied and the precedent has already been set. There is now going to be some semblance of electoral sanity by stamping out this impunity
God help us.
its just too much of these by election.
Twapenga…
This is Kabimba tryna win favour back into PF. If he is successful, his hope will be to show other PF members that they need him in order to “strengthen” their party.
especially that he is invoking section 104 of the Electoral Act number 12 of 2006, which he personally crafted…
why can’t we bloggers be objective for once.
always ni malabishi!
Well, may be this will send a strong signal to all politicians and aspirants. We need to level the plain field for all to contest without bribes. However, the ECZ needs to set up real intelligence to gather this information in an impartial manner and have a strong hand in dealing with this cancer of bribes. This means that we need a very fair and professional ECZ with high moral calibre citizens who cannot be manipulated by any ruling party. We cannot trust politicians for who they are, but we need systems that would deter the corrupt behaviour. Only then, will we have strengthened our young democracy.
I am getting a bit confused as to where to draw the line. Can the ECZ give guidance as to what is defined as malpractice of an act tantamount to a bribe vis-a-vis elections. What is the difference between distributing chitenje material or salt or mealie-meal to would be voters and giving monetary inducement for anyone to attend a political rally? Would I be cited for corruption if I distributed educational material to schools in a constituency and stood for elections and went through? What I am saying is that just because the appealing candidates lost doesn’t mean they were not involved in handing out any items that may be deemed as malpractice. Looks like this is only malpractice when its the opposition MP’s for we all know what sitting PF MP’s were engaged in and even now during…
Please dont anjoy us with such news on beautiful day like this. Sata came to power just to annoy righteous people in the proccess causing us to sin.
Amazing how a party would win elections and still continue to campaign for by elections two years into ruling wow. What time does development programs takes place?
are you blind such that you can not see whats going on across the country in terms of development?
or maybe you in the diaspora and just talking from without…….
Yes ! The guys broke the law.In a nation like ours that is founded on the rule of law such characters should not be given any chance to re-contest their seats.This is a move that must be condemned by all well meaning Zambians.Let us forget about all our political inclinations and allegiances and call a spade a spade, the act was unlawful.
Let any politician in ZED who does not participate in this act cast a stone
I totally agree with you,you are one of the very few genuine bloggers left on this site.If the courts of law found them guilty of corruption,why should people trust them? They are corrupt and should not in any way be allowed to take part in an election because they can not be trusted.
Saulosi rocks !!! Mwebashala ndimwe bamokomoko.
I’m not clear how Kakoma broke the law.How can moving a government donated hammer mill from point X to point Y affect voting? He didn’t buy the said hammer mill nor the phone machines, he only distributed them, as a person who had got them from Ministry of Community. How is that corruption?
I’m now very confused as to what PF stand for, I dont think this is what we had in mind when we voted for this PF. It now seems BY ELECTION is a buzz word with this government. These guys need to be reminded that the by elections are a source of financial drain and a distraction to development. This is a serious lesson to be learnt by us voters. We need to vote wisely at the next elections, lets understand the party we are voting for and what it can offer.
PF’s focus is on the constitution. They want numbers in parliament that will pass a PF biased constitution. Now Zambia will be a police state, proper dictatorship worse than that of KK…. is coming. These by-elections are for the benefit of mosquitoes.
i have prayed for you all
Amen !!
Zambezi west is for UPND stronghold. Even if PF puts in the best of their favorite candidate, and UPND put in a chicken, that chicken will shall go through an opposed.
Let them put a chicken for they are not worth to lead our country no substance
And PF will lose the election .more confusion as they will disband the local leadership in the process. What a party!,,,,,,,
how much have the allocated for by election in the 2014 budget so that we monitor it next year.
Life at its level best. its like this confusion shall not stop, let the law take its course.
Dull lads the issue is not about elections but intergrity to me this shows we are now dealing with this evil act corruption .The reason we did not have many by elections during MMD is because the party was is vey corrupt
Kapiri Mposhi, Livingstone Mufumbwe,Itezhitezhiand one kuba Gwenbe uku in addition to 5! Ten by elections coming!
@Saulosi are you on a scholarship from PF government or Sata to support everything they do?
PF is the worst thing happened to Zambia and the scars will be there for generations to see and bear.
Why cannot we have general elections and move on, instead of by elections every second month?
The only way out is to beat these I.D.O.T.S. at their own game and fast for that matter. So let the candidates stand aside and introduce new ones and still beat the tribal party.
@seleni Sure supporse the upnd says pipo should just without naming a candidate can upnd still zambezi?
Are you normal or half confused! Can you read what you have just written and see if it makes sense?
The grapevine reports that there was a physical punch-up at parliament between Chishimba Kambwili and Kabinga Pande on the eve of budget presentation day. Can someone confirm?
Even if Kakoma didnt stand, UPND will still win the seat and can still nominate Kakoma to parliament and as vice President when UPND forms government in 2016!
True. They have tried to have Kakoma break away from UPND but failed consistently and now the only way to punish him is to stop him from being MP. It changes nothing. Kakoma is a business man and will not suffer. Solwezi will be taken up by another UPND candididate. NWP is a no go area for the tribal PF which is stealing money from the NWP resources to build hospitals and universities in Muchinga, northern and Luapula provinces for bembas.
This is what Nevers meant when he said Sata thrives on confusion. A normal president would have brought a stop to this idyocy. Why didn’t we have this many bye elections under FTJ, LPM and RB when they all would have loved to have had a true majority in parliament?
PF is playing a fool’s game. More they go to courts more they antagonise electorates who are looking for food on their tables and not squandering money on by elections, court cases and creating uneasiness in the country. Ruling party shall be maintaining law and order, instead it is creating law and order situation(s).
Shame.
Imwe ba Pama Fi (PF) bafikala fyenu mulonaula democracy mwe mbwa imwe! Let 2016 come quickly. Or hopefully we can have presidential bye-election mwe.
We made a mistake in 2011 and we gonna correct that mistake soon. I hope a presidential bye election comes soon.
But PF is the worst thing to have happened to Zambia.
True they are just shouting themselves in the foot fyakuti fyabo
thats true!!!!!!!!!!!!!!!!!!!!! bufi via petersen & pilato
This one term govt is nuseating to say the least. Cobras election shud also be for lying.
ZAMBIAN POLITICS……hop this continues even after PF days..
While it is agreeable that the law was broken in this instance, what about parliamentary candidates in the ruling party where the state intensifies works on infrastructure (especially roads in the constituency) and relief food distribution during campaigns? When complains are raised by opposition party competitors the ruling party taunts them saying the government cannot stop development just because there are elections forthcoming in the constituency. Let us clean our act so that Zambians too can enjoy the benefits of democracy. Abash Kaponya mentality – let us be civilised.
Is it a sign of fearing them. Why not face them again if you know you have the muscle? If it were the ruling party doing this, it would not have been looked as vote buying but delivering development.
very useless styopeti desperation ba pf..
does it mean that those mp’s from the pf did not participate in malpractice during election? or because they are in the driving seat thats why they are not being nulified?
In as much as the law must be followed, always remember that “what is good for the gander is also good for the goose”.
If this law will be “fairly” applied, then it will be the first plus for PF!
Yet again, if this is for “might is right”, then PF will leave to rue for the rest of their lives….
MAY THIS BE A CORRECT PRECEDENT. AMEN.
Is it the duty of PF to tell the IEC how to interpret the law? Or is this a sign that PF is afraid of the two candidates? PF stands a very little chance of winning in those two constituencies whether or not the two gentlemen whose elections have been annulled stand or not.
i think ba P,F you are doing nothing and even the president does not know what he is doing.ba sata i thought at first mukachita ifyamano but you are nothing!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
P,F!!!!!!!!!!!!!!!!!!!!!!!!!! bufi via petersen & pilato.ba kolwe bufi.
Kakoma has failed us people of Zambezi west for 15 years now WITHOUT DEVELOPMENT.Never again will UPND given another chance.UPND forget about Zambezi west.Its time for PF now.
Tired of by-elections every after 3 weeks. Why can’t the president dissolve all parliamentary seats including Alexander”s , GBM’s, Wynter”s and Scots so that we can give these guys fresh mandates after all we will benefit as the roads will be done. Schools will be built and hopefully ARV’s will be available in hospitals