FORMER United Party for National Development Zambezi West member of Parliament (MP) Charles Kakoma will today file his nominations for re-election following a High Court judgement which has allowed him to do so.
This is in a matter in which Patriotic Front (PF) candidate Christabel Ngimbu petitioned the High Court to determine whether Mr Kakoma committed corrupt and illegal practices in connection with the parliamentary elections held on September 20, 2011.
Ms Ngimbu wanted the court to prepare a report which would be delivered to the Electoral Commission of Zambia (ECZ) and the Director of Public Prosecutions (DPP) that Mr Kakoma committed corrupt and illegal practices during the election.
She also wanted the court to bar Mr Kakoma from contesting any parliamentary election for a period of five years from the date the report would be prepared.
Ms Ngimbu also wanted the court to enforce the Electoral Act number 12 of 2006, and the DPP to prosecute Mr Kakoma for corrupt and illegal practices under the same Act based on the report.
She said according to a Supreme Court judgment, Mr Kakoma’s election was nullified after he was found to have engaged in corrupt and illegal practices.
Ms Ngimbu said because the Supreme Court judgment takes precedence, the High Court is supposed to prepare a report indicating the corrupt activities which would be submitted to the ECZ.
Mr Kakoma contended, through his lawyers Jack Mwiimbu, Gregory Phiri and Keith Mweemba, that the Supreme Court judgment cannot be enforced as though it was of the High Court.
The lawyers argued that the said report can only be rendered by the High Court based on its findings and not that of the Supreme Court and that this should have been done after hearing Mr Kakoma on the matter.
Mr Kakoma’s lawyers argued that the High Court did not find that he committed corrupt and illegal practices and that preparing a report based on the Supreme Court judgment would be asking the High Court to change its mind.
In delivering her judgment, High Court judge Judy Mulongoti said she would render a report based on the proceedings that were before her when she determined the election petition.
Justice Mulongoti said it is cardinal for Mr Kakoma to be heard before his name or particulars are stated in a report as being found guilty.
She said her court did not find that he committed illegal or corrupt practices. Therefore, he cannot be barred from contesting elections for five years.
Justice Mulongoti said it is mandatory for the High Court to prepare a report where it finds that any corrupt practices were committed but that it is not a requirement to name or provide particulars of concerned persons as that is discretionary.
“The latter part of section 104 (6) is effected after the High Court has given an opportunity to the concerned persons to show cause why they should not be so named,” she said.
Justice Mulongoti said based on the report, the ECZ can instruct an officer to prosecute any person stated in the report.
She said criminal prosecution is the discretion of the DPP and that he is the one who can initiate such proceedings.
Are we. Legaliising corruption in this country ? Cry my beloved country Zambia.So the guidance given by. Supreme. Court is null and void ?
We all know who heads the supreme court and where her loyalities lie.Thumbs up to the high court for not bowing down to PF but executing the law as should be
PF should be very alert….some of these Judges could be on the Cow dung payroll.This is unbelievable.ECZ said they are impartial and have no problems with corruption.Wah ! what a country ?
Money is compromising some very important gvt institutions and this country risks being wrecked through corruption.
PF Lawyers what next ?
Ex-moma you must be a corrupt Chap too.
President Sata should check the activities of these guys before we all accept that corruption is normal.Over turning supreme court ruling ?