THE Supreme Court has upheld a High Court judgment which allowed former Petauke Central member of Parliament (MP) Dora Siliya and two others to file nominations in three parliamentary by-elections.
This means Ms Siliya, former Malambo MP Maxwell Mwale and their Mulobezi counterpart Hastings Sililo are free to re-contest their seats subject to consideration by the Electoral Commission of Zambia (ECZ).
The Supreme Court has, however, set aside High Court judge Mungeni Mulenga’s order compelling the ECZ to receive nominations from Ms Siliya, Mr Mwale and Mr Sililo without looking at other qualifications.
Ms Siliya and Mr Mwale were MMD MPs and Mr Sililo was a United Party for National Development (UPND) law-maker.
This is in a case in which former Attorney-General Mumba Malila appealed to the Supreme Court against Ms Justice Mulenga’s judgment, which allowed Ms Siliya, Mr Mwale and Mr Sililo to file their nomination papers and applied for a stay of execution of the judgment.
Acting deputy Chief Justice Marvin Mwanamwambwa said in a judgment delivered yesterday that contesting a parliamentary election and voting are constitutional rights which should not be easily taken away from a person.
Mr Justice Mwanamwambwa said the court does not accept Mr Malila’s submissions that Ms Justice Mulenga should have barred the respondents from re-contesting the by-elections, solely on the basis of the Supreme Court judgments without the report and procedure provided for under Section 104 (6) and (7) of the Electoral Act.
“We, hereby, uphold the learned trial judge’s decision that the Supreme Court judgments are not guilty reports, within the meaning of Section of 104 (6) and (7) of the Act,” Mr Justice Mwanamwambwa said.
He also said the court recommends that Parliament considers amending the Electoral Act and include the Supreme Court in the generation of guilty reports.
Mr Justice Mwanamwambwa, who read the judgment on behalf of six other Supreme Court judges, said even after a Supreme Court judgment on appeal, a report by the High Court under Section 104 (6) and (7) should be made before a person can be barred from contesting a parliamentary election.
He said ECZ is mandated to act only on the court’s conviction and the reports issued under the law by the trial judge to bar a person from voting and contesting an election and not press statement or reports from other judicial officers.
Mr Justice Mwanamwambwa said ECZ should not act on a mere press statement, such as the one issued by judiciary public relations officer Terry Musonda and a report by the High Court’s registrar dated August 8 and August 9, 2013.
He said it was not in order for the ECZ to act on the “two” invalid documents to bar the three former parliamentarians from re-contesting the parliamentary by-elections.
Mr Justice Mwanamwambwa said the statement and reports issued on August 8 and August 9, 2013 were highly irregular and improper and should never happen again.
Mr Justice Mwanamwambwa said the action was an attempt to bar the three former MPs from contesting parliamentary elections outside the due process of the law.
its called selective justice or maybe Dora`bokosi confused alungu and the judge
There are only two rules in Zambian politics. Rule 1. The political party in power can get away with corruption. Rule 2. If in you want to overturn that, refer to Rule 1.
Sata had just become ‘too much’ na imwe….
Thanks
SMART DORA IS BACK. AND ZAMBIANS SAY THEY VOTE TO CHANGE. WHAT CHANGE? AS FAR AS I AM CONCERNED ALL POLITICIANS ARE SAME PEOPLE WHO HAVE BEEN THERE EVER SINCE, ALL THEY DO IS CHANGE LABELS. RECYCLED AT BEST. WHETHER UPND, PF, MMD, GP, FDD etc. THEY ARE ALL BUT ONE PARTY. THERE’S NOTHING LIKE “CHANGE” IN ZAMBIAN POLITICS. ITS JUST AN ILLUSION
BREAKING NEWS !!!!!!!!!!!!!!!
RB TO CONTEST 2016 AS PF/MMD PRESIDENTIAL CANDIDATE WITH EASTERN POWER BACKING AND HES GOT A LIST OF MMD PIPO TO ADOPT AS MPS .
DEAL WAS SEALED WAY BACK WHEN HE SAW A WEAKNESS IN OSTRICH LEGS AND PF PIPO PRIOR TO 20TH JANUARY ELECTIONS.
PF ARE BLIND TO SEE THOUGH HAVE EYES TO SEE
TOO BLIND TO SEE.
HE HAS PUT BAKWISA SIKOTA AS VEEP
AMEN
ULI NA MATWI OMFWE ABALI NA MENSO NABALOLESHE
.PF ARE BUSY WITH THE ONCE GUY THEY CALLED HUMBLE MAN THEY COULDNT SEE THAT MAN 2 LONG
She is PF and as such, it is not supprising to see her allowed to recontest her seat.
PF has brought alot of confusions, and the courts can not do anything as they are politically tied. PF allowing Simbao and others sent a signal to the courts that even Dora and others have the right to contest. Judiciary system in zambia has just gone to political and only the poor will then make others feel the courts are working coz they will not get the right justice. The current situation in Zambia especially in the courts of law is really a big concern as they do not provide good leadership that makes a common Zambian feel protected. It is really a sad state of affairs
But you fellows which law are you basing criticism. It seems you want things to be done according to the rule of the jungle. It’s clear from the article why they came up with such a ruling. Never kill a person before the courts say so otherwise you will be killing an innocent soul.
Poetic justice is all over. Justice is offered selectively where only the common man is subjected to the full wrath of the law. The affluent are better placed to buy their rights first hand.
The UPND bloggers who are riled and upset on the Judgement that will allow Dora to re-contest a Parliamentary seat are merely expressing their anger on Dora who, along with RB used their wisdom and intellectual talent to support Edgar Lungu in the January Presidential elections.
Besides, it was Kabimba who used his powers as Minister of inJustice and Secretary General of PF to mutilate democracy in Zambia in order to serve the interests of the DEVI and the Cartel behind the curtains.
The best that UPND can do is to use this opportunity to test its popularity in Eastern Province. Apparently, the pattern of voting in January 2015 instilled great fears in many Zambians. We thank God who was on the side of the majority of Zambians.
What about Simbao…..? This issue counld have been History by now if and only if Mr. Sata had no personal issues with Dora. Let us now move forward and give back the three constituencies to the original MP’s without going for bye elections without wasting resources on unnecessary bye elections. Let reason prevail.
and Dora will be adopted by Pf and she wins and is now Pf and the circus goes on. Zambia my country, don’t we have replacements ??
Why does it take so long to decide such seemingly straight-forward cases? In case of Simbao, he had almost finished the whole term when it was decided he was guilty of some ‘wrong-doing’ during the election campaigns. What kind of legal system is this that can allow us to be represented by a ‘wrong person’ for 4 years & when the guy is caught he is not even required to return the money he ‘wrongly’ got paid!
Let’s just wait and see. If Sata was still around and Malila as attorney general, Chibesakunda as acting chief justice, the decision would have been the other way round. The day Katambo and simbao whose seats were nullified on corruption allegations and were later adopted to re-contest under the PF ticket, i forsaw this thing coming.
Ba PF and their unreasonable bye elections……..Do they care even if the resources are abused??? No they will always find money for bye elections that do not make sense.
So, now, it is time to jostle for adoption on ruling party or popular party tickets, in this meangless election. But what about Mwale, isn’t he jailed elsewhere? Oh my beloved country at the DOGS!
The maggot feeding on decaying carrion does not realize that its environment is fast deteriorating even as it feeds. This is the case with the state of our nation at present. The implosion keeps playing before our very eyes…
We might as well have Kabimba as party secretary general for PF. The rules mentioned above just apply and should for me be applied accross the board. Those who try to apply it sparingly will stand judgement with time. In reality what we are just saying is that Zambia is and shall continue to be a “ONE PARTY STATE”period. After all there are no ideologies that seperates all the parties that we have in Zambia, what matters most is the methodology of delivery and priorities among different parties. What a COUNTRY WE ARE… SILLY OR WHAT?
This PF and the judiciary are dogs.This country is in the mouths of dogs.pity zambia
I wish there was some “stupid” law that would Just give back the sits to these LOW makers. Don’t waste any more resourcesses. Mailo it was wastage of ndalama at Kitwe mall. Then you want the tired, fatigued, disillussioned poor zambians to go for these useless bye-elections. After all, Simbao was corrupt and he is back, katambo was corrupt and he is back with a ka ma fist instead of an analog nkoloko….. that is why i hate demon-cracy.
It is not democracy at play here bwana. It is political and judicial immorality. The country is petrifying. There is decadence all over.
I understand Dora Silia is a new girl friend to President Lungu since both of them are drunkards HIV Positive fellas. Her brand new name is Dora Kachasu Silya.
Watch the space, PF is no longer existing. Actually it is MMD in the skin of PF that is ruling Zambia. Rupiah is taking his lack too far.
@Hilda Malama be factual on your allegations. Who told you that Dora is a girl friend to Edgar L? Why are you not talking about your Moses of January 2015. You all know that he pregnanted Maureen Mwanawasa and she went to terminate the pregnancy in South Africa. Next will be Mutale Nalumango
@14.1 Kuntakinte waya sana man. Ati next will be Mutale Nalumango! Anyway, I thought Maureen had reached her menopause?
Kuntakite will burst. Tone down iwe Kambwili. Nanga a Lungu ni anyoko.
He is a Tonga bull and not Nsenga/Malawi ox!
PF don’t even waste time, just adopt Dora. She had personal issues with President Sata but certainly not with ECL. Dora will win you that seat. As for malambo, Kaunda Kaweche is the right candidate. Mulobezi is incorrigible don’t waste time there leave it for UP AND DOWN
And all you voters too blind to see what you have brought in zambia …. Shame!
PF suporters lets camp in mulobezi and connect our brothers and sister to the national grid. pipo of mulobezi believ on what you can see noy
Liar, people in Mulobezi or which ever part of the that province don’t appreciate anything, no matter what development is taken there, so you @ Kayula, you want to use that deception to get development to that area. Just wait for the time budgeted and planned for the area under the Rural Electrification Programme
Kuli kanthu na ma comments! However, life goes on! Things might not be the way you like it, but then that is life!