The Supreme Court has made a landmark ruling that opposition MPs whose elections were nullified can recontest their seats.
This is in a case where the ruling Patriotic Front had applied to bar some opposition MP whose elections were nullified on account of alleged electoral malpractices.
Delivering the landmark verdict this morning, Judge Gregory Phiri and Judge Mwanamwambwa who read the judgement on behalf of the full bench said all the MPs whose seats were nullified are free to re-contest.
This means that all the former MPs for Solwezi Central, Petauke Central, Mulobezi, Kasenengwa, Vubwi, Mkushi South, Zambezi West and Malambo constituencies are free to vie for their seats.
The full Supreme Court bench ruled that the state’s application to set aside the High Court’s ruling lacked merit.
It said allowing the motion in the format it was presented would open doors to running litigations in the Supreme Court.
The Judges however advised the parties involved to pursue the matter in the High Court if they so wished.
And Former MMD Solwezi MP Lucky Mulusa told Journalists outside the Supreme Court that the landmark case has exposed the PF’s abuse of the law.
“It is good that we have reached this far. It shows areas where our constitution needs amendments. If we all agree as a nation that barring MPs from representing their people for as long as 13 months in some cases is wrong, then we need to do something about it,” Mr Mulusa said.
He also announced that he will be recontesting his seat following today’s ruling.
“I expect the Electoral Commission of Zambia to announce election dates very soon now that judgement has been delivered. If the state goes ahead to seek other options then we shall meet them again in court.”