FORMER Solwezi Central member of Parliament (MP) Lucky Mulusa has moved a motion in the Supreme Court in which he wants the court to set aside its final decision to nullify his election and re-hear the matter.
The former legislator also wants the Supreme Court to stay the by-election for Solwezi Central pending the determination of the motion.
Mr Mulusa through his lawyer, Milner Katolo, says he wants the Supreme Court to re-hear the matter because of alleged bias on account of lawyer-and-client relationship that developed between acting Chief Justice Lombe Chibesakunda and lawyer Bonaventure Mutale.
He said Justice Chibesakunda was supposed to recuse herself from sitting on the panel of judges which nullified his election because of the lawyer-and-client relationship which developed between her and Mr Mutale.
Mr Mulusa said the lawyer-and-client relationship became clear when Justice Chibesakunda gave instructions to Mr Mutale, who was also lawyer for Solwezi Central Patriotic Front (PF) losing candidate Newton Malwa who petitioned Mr Mulusa, to represent her in a case in which she has been personally sued.
Justice Chibesakunda has been sued by the Law Association of Zambia (LAZ) for alleged illegal occupation of the office of Chief Justice and LAZ wants the High Court to declare her position as acting chief justice null and void.
“We submit that the acting chief justice’s failure to disclose that she had instructed Mr Mutale as her counsel to represent her in the matter where she was personally sued raised a serious suspicion of bias that affects the entirety of the election petition judgment,” he said.
Mr Mulusa said Justice Chibesakunda was not actually biased in any way through her involvement in the matter but what arises is an issue of perceived bias which is subconscious and may not even be openly evident to the other members of the Supreme Court panel.
“The challenge of acting chief justice’s perceived bias is very well informed and is reasonable. This must compel this court to stay the execution of the judgment delivered on December 10 last year pending the determination of the motion and if successful pending re-hearing of the matter,” he said.
Mr Mulusa said the nature of the interest which demands recusal of a judge on grounds of apparent bias is such that public confidence in the administration of justice requires that a judge withdraws from the case and if he or she fails to disclose interest, the judgment cannot stand.
Lol, just get another job bro! or get a job at the new mine in lower Zambezi
I feel Hon Mulusa is trying by all means to help us know that there is a way. I was thinking there was no way after the judgement. Thank you Hon. Mulusa for opening up this door. It may fail but I guess it has shown that we can still go back to the same court to seek justice. This will give more confidence to the people. You are really a son of Justice. Sons of the most high are just. Please dont listen to the un informed, the discouragers, the accuser of the brethren. Fight on.
Thanks Hon Mulusa.
I personally gave up on Zambia and I’m now watching the bus and taxi drivers havetheir time….
This man is a fighter for sure! Eish! Is a true die hard! That’s why he was involved into corrupting the church memebrs by giving an offering of 1000 just to win votes.
I we howsyak or whatever you cal yourself the PF are more corrupt than Mulusa. they they always donate not only money but also other things each time there are by elections. just this last weep this elephant called Chisimba Kambwili was busy distributing money at Kawawa school in Chipata in kasenengwa constituency just because there will by elections soon. he also directed the RRU to start working on the roads
These are the men zambia needs, go Mulusa go! Zambia is behind you all the way
Bamulusa Lesa emukwashe. Hope your plans works out so the cult is ashamed
Soldier on my brother. Remember God is on your side too. Nothing is hidden in the eyes of the Lord.
MULUSA is a real Son of Zambia who is not a politician of the Belly..Go Mulusa go!!!!!
mwaonekela a kaonde, first to blog just because ni wanu?
Bonivencha Mutale is loya for chief justice,this chief justice has case to answer, and pf luzing element Malwa her loya is the same Mutale.
Bonivencha Mutale is loya for chief justice,this chief justice has case to answer, and pf luzing element Malwa her loya is the same Mutale. There the biasness lies!
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