THE Patriotic Front (PF) has asked the Supreme Court to stay the Zambezi West by-election until determination of an appeal against a judgment which allowed former member of Parliament (MP) Charles Kakoma to re-contest the seat.
This is according to an ex parte summons filed by PF candidate Christabel Ngimbu for an order to stay the elections for Zambezi West which are scheduled for September 11 this year.
Ms Ngimbu said through her lawyer Bonaventure Mutale that the Electoral Commission of Zambia (ECZ) has not yet printed the ballot papers for those elections.
And according to a notice of appeal filed in the High Court, Ms Ngimbu said she was dissatisfied with the whole judgment delivered by High Court judge Judy Mulongoti.
She said in her memorandum of appeal that the court erred when Justice Mulongoti refused to enforce the judgment of the Supreme Court delivered in October last year which is in accordance with Section 9 of the Supreme Court Act, Chapter 25 as read with Section 104 of the Electoral Act number 12 of 2006.
Ms Ngimbu said the lower court misdirected itself despite the fact that Supreme Court judgments are binding on the High Court, adding that Justice Mulongoti ruled that she would prepare a report solely on the findings of her court.
She added that Justice Mulongoti erred in law and fact when she ruled that she would not name the person found guilty of corrupt and illegal practices in her report on grounds that she had made no such findings in the High Court.
Ms Ngimbu said an appeal is a re-hearing on record and judgments of the Supreme Court are binding on the High Court.
Ms 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.
She wanted the court to prepare a report which would be delivered to ECZ and the Director of Public Prosecutions 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 for the DPP to prosecute Mr Kakoma for corrupt and illegal practices under the same Act based on the report.
Justice Mulongoti in her judgment allowed Mr Kakoma to file his nominations yesterday, and that 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.
Kakoma is related to HH and the man is a disgrace if you ask me
Why mr Hakainde thinks he is above the law is beyond me
Thanks
U biitch just go do what u know best . .blow jobs on some old white men
Please remove HH s vocabulary from your rotten mouth, what ever you say is just as your shit.
i bet u r tonga! coz i dont see anything wrong with Mushotas opinion and experience.
What a comment!
Mushota, those 6 jobs are killing your brains, drop some of them, have some time to study, and get a better job.
There vis nothing wrong with my Intelligent obervation. Kakoma is gainin a lot of mileage because of UPND and because of HH. The trend of oboxious mmbers in UPND is diluting anything they think they have. PF keeps acting exemplary and refrain from mediocrity at most times.
Thanks
@Mushota, who has stolen your brains? Does it mean that your name is an interpretation of shortage of brains?
Chi silu cha yamba anso.
So my sister Mushota you have finally admitted that HH and UPND are superior and that is why someone would want to gain mileage from their good name.
@mushota.
US IN THE PF ARE CONCERNED WITH THE WAY YOU HAVE CHOSEN TO BE CAMPAIGNING FOR HH BY SHOWING AS IF OUR BLOGERS HAVE NO REASONING BEFORE THEY COMMENT ON ISSUES WHICH IN MOST CASES HAVE NOTHING TO WITH THE SUBJECT.
@Mushota, it’s like HH gives you nightmares? With this kind of obsession, I am sure you are always mentioning HH’s name in your sleep. Why can’t you leave him alone? If you are female, please know that HH is someone’s husband, and stop having ideas about him. You are so irritating !! Anyway, we know you are being used as a useful id!ot by political party.
african politics full of nothing but confusions definitely curse of laughing at the naked one
P.F Mob/Mafia are bitter losers, I have already said the PF Mob are just opportunist who will manipulate any means at their disposal to gain advantage. The one thing you all need to know is that the P.F are not even politicians but a Mob after government money.
This case is not going anywhere ….. natural Justice entails that Mr Kakoma must first be heard in a Court of Law before any Judge can can name him in such a Report to have committed some corruption. PF are really scared of this Kakoma.
Actually, the PF fear and persecution of Kakoma is making him popular – I bet he is enjoying the dramma! This Chingimbu mad cow will live to regret her personal vendetta against Kakoma. The real winner is Kakoma and the Lawyer who is making money out of the smelly woman Chingimbu-ngimbu!!
Pf wanted bye elections and they are now in abundance. Now they are afraid 2 contest bwafya. DON’T HATE THE PLAYER HATE THE GAME AND BE PART OF IT IF U ARE NOT FIT. Judge Mulongoti is right. She didn’t find Mr Kakoma guilty and how does she write a report which to include what she did not find. PF get 2 the polls and don’t delay elections. We need representatives. And Retired Judge Lombe should allow Petauke 2 get 2 the polls. Its almost 2015 soon no judgement. Justice has been denied
PF is dead scared of the opposition hence employing all tactics to delay by elections now. The tides have just changed, face it PF. Your fortune is all over and the reality is now setting in that you cannot win elections in most parts of the country easily. The beauty of time,all things come to pass, so is PF.
Hahahahaha…..Kekekekeke Kakoma!!!
Just wasting court’s time. This case should be dismissed with cost.
Me thinks Zambian politics is degenerating to the rotten ways of Italian politics- insults,lies galore ,bunga bunga and untrustworthy Mafioso politicians like Sata & Kakoma.
PF can not and will never win Zambezi West. The losing candidate Ngimbu is aware and thinks this court thing will help her. personal discussion with her indicate that actually herself has given up but been pushed by Winter Kabimba nio.
Kakoma is a very good MP and whoever has been to Zambezi West will tell you he is one in a million. whilst other MPs are busy going on air about how they will donate their gratuities, this man has been paying teachers in community schools in his constituency every month from his pocket. he is the only MP i know who doesnt hold public rallies but shifts from village to village for 1-2 days ech time he is in his constituency to hear developmental aspirations of each village. of course any party that stands against such a candidate is dead scared they would lose. even as an independent he can win without campaigning
You have answered by questions bro! Just been wondering why PF are so scared of this MP Charles Kakoma. That what happens when a Party believes in manipulation, they can compete. This Charity Ngimbu wants to be the MP of Zambia West thru the back-door.
This sounds good! I now why he is big trouble! He is doing the right job of an MP and has a few enemies. Those rural communities need an MP who can supervise his projects diligently, but his friends will not be happy to hear that.
PF has just to pack and go !
I was supprised to find out tht Zambia my country is toping the list OF POOREST COUNTRIES IN AFRICA whilst SEYCHELLES is toping the RICHEST COUNTRIES IN AFRICA with Botswana trailing behind. Google ***10-poorest-countries-in-the-world/
I cried the whole NIGHT & asked my self WHERE DID WE GO WRONG ?
HH and other industralists who LOVE ZAMBIA.
We need new brooms who believe we can do better. Aba kote can’t take us anywhere
mad people will always not accept reality..pf..and Ngimbu
This is only Kakoma and 2014 what more HH and 2016?!
“The beauty of time,all things come to pass,so is pf”(Zedpoorpeople),I like that ba zed.some stu**pid people still think that since Upnd got 18% vote in 2011,it cannot win in 2016;that is poor analysis,things have changed,,Upnd is rocking the nation now,this reason pf is now scared of any by-election and is clinging to the courts of law for survival
PF are just useless. They say UPND is a regional party, and yet they are so scared of Charles Kakoma in Zambezi West. These are indicators of so much PF drama in 2016.
Leave MR Kakoma alone
The high levels of panic exhibited by the PF reveals the inevitable eclipse of Sata and his industry called the Patriotic Party.
If the PF mean well about the tenets of democracy, why resort to childish games of preventing a balanced distribution of national sweets? The Kabimba factor which infiltrated Sata’s domain will be translated in the PF’s loss of all the by-elections slated for August and September 2014.
Apparently, the Lawyers representing PF have just discovered a gold-mine field to reap fortunes from the confusion reigning in PF. The PF will lose all the legal and political battles, but their Lawyers will have amassed the wealth.
WHAT IS SHE AFRAID OF? LET THEM GO AND MEET IN THE BY ELECTION AND SEE WHO WINS. DOES SHE THINK SHE WILL WIN WITHOUT KAKOMA? WE HAVE WASTED ENOUGH TAX PAYERS MONEY. THOSE PEOPLE THERE NEED REPRESENTATION IN PARLIAMENT. DON’T QUESTION THE RULING JUST OBEY AND PROVE YOU CAN DELIVER TO THE PEOPLE THERE.
PF, instead of wasting our time and resources please show us Sata. Don’t try and divert our attention. The clown at the helm of your party, who also happens to be our Republican President, is AWOL and it is him who should have his election nullified and barred from re contesting.
Kakoma has no suport in zambezi….pipo want christabel.During nominations thousands of pipo came to give christabel suport.Kakoma had less that 50 supporters….ZNBC was there and can show the truth.PF is just against corruption…why are u suporting corruption in Zambia ?
So, why is she scared??
Mushota u ar a disgres 2 th zambian community.am doubting yo IQ. yo head need 2 b seriously examined.
I have been observing for some time now. PF cadres can support anything as long as it involves their political party. Pliz cadres ,nanga ninshi ubupuba sooo? What i have seen,most of these cadres are not properly educated,i mean reaching tertiary level. This party is a curse to Zambians!
@Enka. Concur, they sort of needed to just go with the judges ruling. Gone to the polls and hopefully their personal confidence in winning would have carried them through. Now Kakoma chap has gained empathy from the voters. Injustice cannot be tolerated.
@Big Brother, concur! I was thinking the same! Zambian politicians/parliament is beginning to resemble Italian/Turkish parliament. They will soon fight it out in the assembly!
But this is desperation of the highest order zoona, ba PF you are dead scared, nothing less than that. Your calculations have backfired. No more unscrupulous adding of seats in Parliament. I pray that you lose all the upcoming by-elections, maybe we’ll be spared from your stupid petitions.
Ba PF
Enough of this ST*U*P*IDIty. why are you playing like kids? from High court to Supreme and from Supreme to High court now from High Court to Supreme again with the same case? just accept defeat. The Courts also in Zambia must be serious. Is it a chain or something that is without an end?
You are just westing courts time to handle important issues. The veracity of the matter is you lost and will never win in Zambezi or all part of Northwestern province even though PF contests againest a Fog, you were even lucky to have won mufumbwe seat.
You who are supporting the corrupt former MP are equally corrupt….u Chilyata u are the most hopeless fellow in Zambezi.Keep your mouth shut because you don’t know law.U are a corrupt chap as well.
Wisdom you don’t deserve that name cos you are not wise.Who taught u that Northwestern belongs to UP and DOWN ? Your Kakoma has never done anything we can call tangible development in Zambezi west.Are we going to be waiting for hand outs during elections.The judiciary is the mirror of the nation and Courts shud not be compromised especially on issues of corruption.
@Fred
Its a pit that you are more of a Cadre than a citizen. If you can’t see anything wrong with pafwaka government then their is something wrong with you. I pit you because the ECZ will go on with filing in nominations dispite Winter’s girl friend apeals to the supreme court to stay the Nomination process. Keep on dreaming brother with the AWOL presidol.
this is just personal now..leave charles kakoma alone.viva kakoma.
Kalimukwa u are another corrupt fellow.Shut up !