Friday, March 29, 2024

MMD wins Milanzi petition

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File: Milanzi Member of Parliament Whiteson Banda is lifted by party cadres after he was declared winner

THE Lusaka High Court has declared MMD’s Milanzi Member of Parliament (MP) Whiteson Banda as duly elected in the last tripartite elections.

High Court judge, Christine Phiri in her judgment yesterday said the petitioner failed to prove his case to a higher standard of probability that required the court to nullify the election results.

Losing Patriotic Front (PF) candidate Musa Banda had petitioned the election results on grounds that the election was not held in a free and fair atmosphere as a result of electoral malpractices.

Mr Justice Phiri said the burden of proof rested on the petitioner, but noted that evidence from witnesses was based on hearsay without tangible proof being brought before court.

“I find that the petitioner on all the evidence adduced in this court has failed to prove this case beyond a required standard of probability and I accordingly dismiss this petition and declare that Mr Banda was duly elected,” she said.

The petitioner alleged that Mr Banda violated Section 8 of the Electoral Act Number 12 of 2006 of the Laws of Zambia by engaging in electoral malpractices.

He said Mr Banda had dished out footballs to teams in the villages as well as sinking eight boreholes during his campaign trails.

The petitioner also claimed that the respondent gave six women clubs K2 million each to entice them to vote for him.

“He again gave six blankets to each headman in villages namely Chinzili, Kagolo, Masekese, Kapala and Kabilima in exchange for votes,” he said.

In an interview, the respondent said he was happy with the outcome of the judgment and that it was according to the wishes of the people of Milanzi.

And the petitioner Mr Banda indicated that he would lodge an appeal in the Supreme Court soon.

[Times of Zambia]

7 COMMENTS

  1. Good judgement, these pf caders should not think that they are above the law and can have any case in their favour. At least there is no comedy in the court!!!!!

  2. And the petitioner says he will appeal to the Supreme Court. Time wasters. Imagine the Supreme court discussing 6 blankets given to village headmen!!! Ha ha ha ha ha!! This Banda is a Joker. He should pay legal costs.

  3. The supreme court will be discussing 6 blankets? Eish they’ve got time….

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