THE opposition MMD has lost another parliamentary seat after the Supreme Court upheld decision by the Lusaka High Court to nullify the Mangango seat held by Robert Taundi Chiseke.
This brings the total number of seats lost by the former ruling party in election petitions since the 2011 general elections to eight.
This would result in a by-election and Mr Chiseke losing his ministerial position of deputy Minister for Chiefs and Traditional Affairs.
A panel of five judges comprising retired acting deputy Chief Justice, Florence Mumba, Supreme Court judges Mervin Mwanamwambwa, Elizabeth Muyovwe, Gregory Phiri and Munyinda Wanki declared in their judgment yesterday that Mr Chiseke was not duly elected because his victory was tied to illegal activities and corrupt practices.
Delivering judgment on behalf of other judges, Ms Justice Muyovwe dismissed all nine grounds of appeal advanced by Mr Chiseke saying the findings of High Court judge, Annesi Bobo who initially nullified the seat could not have faulted as it was held on firm ground.
Mr Chiseke had appealed against Ms Justice Bobo’s decision to nullify his seat in favour of Patriotic Front (PF) losing candidate Richard Simbula after she found that Mr Chiseke’s corrupt practices disadvantaged other candidates during the 2011 general elections.
“We find that the appeal has no merit. Therefore, we dismiss it and uphold the decision of the court below and the election of the appellant is declared null and void. As this matter is of constitutional nature, we order that each party bears costs” Ms Justice Muyovwe said.
She said it was clear from the evidence before court that Mr Chiseke and his party engaged in illegal and corrupt practices which induced the people of Mangango to vote for him and the same was contrary to Electoral Act.
She said the high court could not have faulted in its findings that there was heavy distribution of hammer mills to women clubs, bicycles, spreading of false information of homosexuality and threatening of killing people living with HIV/AIDS by the PF if it came into power, all aimed at influencing voters to vote for Mr Chiseke.
She said that the threats and statements by Mr Chiseke and his agents sent fear in the electorates especially that in rural areas people believed what they were told.
She said although Mr Chiseke had denied bribing chiefs claiming it was a tradition in Zambia to honour chiefs with gifts, his case was different because his conduct at the time prior to elections was meant to exert pressure on the electorate in the chief’s area to vote for him.
She said that Ms Justice Bobo could not have been wrong in her decision to nullify the seat on grounds of illegal and corrupt practices by Mr Chiseke as such, the Supreme Court was upholding the lower court’s decision.
When contacted for a comment, MMD vice president for politics Michael Kaingu expressed shock as he was not aware about the development.
Mr Kaingu however said the party would do whatever it could to ensure that it retained the seat during by-election.
With this coldness will the facebook president ever come out of state house?
CORRUPTION BY MMD
yes need more by-elections, even presidential, we wouldn’t mind at all.
Like a family befallen with grief,all squabbles should be put behind and the MMD should unite in putting up a formidable fight in the Constituency so that the seat is retained.I therefore applaud what Hon Kaingu has said.
The law is clear on electoral malpractice.
I am happy that the courts are setting a good legal precedent and the PF as a party has not relented in ensuring that electoral justice prevails.
In as much as by elections are costly and a distraction to development, they are sometimes unavoidable like the case was in our last general elections which was rife with unprecedented levels of corruption never seen before in election history
Zambia just needs a presidential by-election to sort out this mess once and for all. I pray this happens before 2016. There is just too much stup!dity from the top leadership.
chiseke your life ends here
But how was he appointed Deputy Minister if there was a Court case over his election? Zambians atleast attempt to be serious mwebantu!
All MMD MP serving in the PF Government should resign there positions so that they can concentrate on being a united opposition force. As long as some are serving, they will continue to be bootlickers when advancing the PF agenda. When the PF doesn’t need them, they will kick them out as can be seen. These by-elections are costing the country millions which should have been used for development purposes i.e. medicines in hospitals, equipment for police etc. Its time the opposition saw the light. Plus maybe its time we evaluated the entire 2011 elections so that we just go to the polls and have a fresh start. It seems the elections results were all cooked at this rate. Lets just have a fresh General and presidential elections so that we spoke this unnecessary wastage of precious resources
Can we also nullify the Presidency because Sata tricked Zambians into believing he was going to give us a constitution in 90days and more money in our pockets.This was coercion and lying to voters for selfish gain
You can not see what is happening. Ask Civil Servants if you are not in employment or market alot if you are doing your own business. If you are not doing anything it either you failed lamentably at G12 or college or you are just lazy to go to the village and start farming.
He is one nullifying, so ha can’t nullify himself lol
He is the one nullifying, so ha can’t nullify himself lol
@njalamimba musonda.may be try to use bemba or lala.your language is bad.you might be refering to yourself in your comment.
this seat will certainly be a UPND seat soon. MMD is going down the drain for good especially with the internal wrangles tearing it apart and lack of tact by the president of the party to unite it. sata will be shocked
United party for national development (UPND) will win this site with No doubt viva# Forward…..
I feel sorry for PF, people are so exhausted with this nullifications, it’s getting out of hand and depriving our nation of much needed resources, what’s the morality of this
when some people are not paid on time, no employment and higher prices, come 2016
I don’t think people will want another 5 years of nullifications , this is killing our already
Poor country no other President ever had this kind of nonsense because they were wise
Enough to know this will eventually bankrupt the country. Corruption is still rampart as we speak now and nothing has changed
A wrong is a wrong. Umulandu taubola. It is not about PF it is about doing things in a right manner.
there comes another by election. The timing is correct and receipting the Euro bond.
I hate by elections ,but again a wrong is a wrong.The man broke the law and hence it is only fair that he loses his seat.
Zambians we are a bunch of jokers,there are eight other seats where bye-elections have not been held for more than five months now.Lawyers what does the constitution say about bye-elections and i believe the supreme court has not failed to make a ruling but the goverment is to broke to fund bye-elections.Secondly do we need MPs as a country if these Contituencies have gone for upto seven months without representatives in parliament. Sata and Chibesakunda please guide me on this one I know you will read it since you are at the summit of this confussion.
IS IT “MILES” SAMPA OR JUST “SMILES” SAMPA?
Another UPND seat on a silver platter from the deputy minister of thieves…blah blah
So this is what zambians are good at( politicking, tribalism and *unprintables*) and yet everyday you are losing millions of US dollars from mineral wealth.
You people are so petty. For once take care of your nation. What is it that makes you limited as a people? Maybe the things have just mentioned above.
So this is what zambians are good at ( politicking, tribalism and *unprintables*) and yet you are losing millions of US dollars in mineral wealth.
You cannot mind this national loss because you are so petty.
What is that makes you so limited as a nation or as individuals? Maybe the things have just mentioned above. Shame on you!
We are in for it
If he was corrupt why did they drop his case and appointed him deputy minister and later on nullify the seat? Are we being truthful here? Do we do things with hidden agendas? You said he was a foreigner, later on dropped his case and you appointed him deputy minister, bwana president when you were doing all these things, was there no one to advice you?
May God have mercy on this country, this country needs a saviour to save us from all manner of evil.
Mwanya ba MMD Tulemwipwisha………
By-elections but NEVERS MUMBA is busy fighting with his friends and misusing money which was supposed to be used for such activities to ferry cadres to high court, misplaced priority
“True Blu”,please leave Dr Mumba out of this mess.As long as you so-called true blue and senior corrupt members continue to be at the top of leadership,the Party won’t be cleansed.Thank God,of what is happening now.The corrupt elements are being phased out.Dr Mumba was away in Canada you so-called true blues were busy currupting voters.Now things have to change.Those resisting change,are the ones fighting Dr Mumba.They benefit from corruption.PF has oiled their bloody hands.
@ Visionary Leader; It is not advice but ADVISE, ala!
Does he get to keep the K500,000 mid-term gratuity the MPs recently got?
@ Liam: I would like to give credence to your comments and would like to suggest further that in every Presidential elections each presidential candidate should promise the electorates 10 legally binding promises of his own choice with proper timelimes against each promise. I have picked 10 based on the fact that the Bible has 10 commandments. Once he/she wins, the elected president will be assessed on the basis of those 10 legally binding promises. If he/she breaks any of them without reasonable grounds, he should automatically be impeached. This way, we will reduce risk of electing fraudsters in State House. That place is very honourable.
@ Yamba
Did you clean yourself well after visiting the toilet? Or you are still in the toilet?
oh oh its another by- election. and lets hope the katuba sentiments wont resurface after the election results.
When are the other cases going to come to an end? They were quity because PF government had nothing to present into parliament for voting, but as now through the opposition force on constitutional grounds, they want to pass a vote so that they can win. Very soon we shall hear another by-election.