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PF’s Davies Chama appeals to Supreme Court to force ECZ to set date for Kasama By-Election

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Davies Chama
Davies Chama

PATRIOTIC Front (PF) secretary general Davies Chama has appealed to the Supreme Court over the High Court’s decision to reject his application to prompt the Electoral Commission of Zambia (ECZ) to set a date for the Kasama Central parliamentary by-election following the declaration of the seat as vacant.

Mr Chama has sued ECZ and Attorney General Likando Kalaluka, respectively, for not announcing the date of the Kasama Central parliamentary by-election.

High Court judge Anne Phiri rejected Mr Chama’s application on grounds that there was a case in court involving the Kasama Central Constituency seat to which the ECZ is party.

Justice Phiri said she could not allow the application against the ECZ to proceed before the other case was fully determined as doing so would render it an academic exercise.

Mr Chama contends in his memorandum of appeal that Justice Phiri erred in law and fact and consequently misdirected herself by not distinguishing the legal issues in the application that were before her.

He said Justice Phiri erred when she dismissed the constitutional issues brought in the application for leave by wrongly invoking the provisions of Order 53 rule 4 (55) RSC.

Mr Chama wanted the court to grant him leave for judicial review in order to seek an order from the court to compel the ECZ to announce a date for the by-election to be held before the expiry of the 90 days.

He said failure by the court to grant his application will perpetuate an injustice and illegality that could cause a serious constitutional crisis and that the Kasama central constituency will have no elected representative for more than 90 days to the detriment of the electorate and the political parties.

He also wants the court to grant an order of mandamus (a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority) compelling ECZ to announce the date of the by-election to be held before October 22, this year.

24 COMMENTS

  1. Davies Chama us invincible above the law because he has not been prosecuted for the shooting in western province. Now he even has the guts to sue the attorney general because he is untouchable.

    This is the ?ort of wrecklesness and indiscipline that has characterized Lungu’s party. He can’t control his members, that’s how useless a leader he us.
    .wait for the legal process to take its course

    • Davis just call upon the courts to commerce your shooting case and stop advocating for poverty through useless by elections. Chances are that you have learned more insults of late and you would like to have a platform to put them to use. Just go to ZNBC and release your insults there for free and not a great cost to the nation through a by election.

  2. The courts seem to be the wrong place for this schizophrenic. Chama should be frequenting Chainama. We need to break this stigma of mental health and Chama would be the right Mental Health Ambassador

  3. Davies Chama is above the law after the law failed to take its course and left him untouchable after he shot someone in western province.

    Now he has the confidence to sue the attorney general and recklessly run his mouth. This is the sort of indiscipline under Lungu’s leadership he can’t even control his members.

    Useless excuse of a Zambian president

  4. This is how dull Fake PF government has became . Why would you want byelection only 5months to presidential elections . If this government win then Zambians have totally dull .

  5. This is how dull the foolish and useles Edgar Lungu has become. Instead of concentrating on rebuilding the economy, the useless PFOOLS feel comfortable with by elections why Zambians are suffering.
    Now I want to hear the few rats who are supporting this move will say. it’s a pity to have Lungu as president. The man had no single heart for the Zambians.
    If I can ask, are by elections party of the campaign promises for the Of?
    Now today we are told he will be going yo Tanzania with a deligation of 100 people, inst this being irresponsible where millions of Zambians are suffering. He wants to take all Of caders to Tanzania so that they can go and fund rise for the party.

  6. byelection is not an important issue in this country let it wait till 2016. why have they refused byelection in upnd affected mps they fearto loose. that is why you are cheating people that meale meal is at k45 per 25kg bag in kasama to hell with your byelection.

  7. People like Davies chama must be shot dead, two bullets in the head it will be enough to stop this stupid man , watch yo back chama , use that money to buy computers in schools rather than wasting money on byelections

  8. People like Davies chama must be shot dead, two bullets in the head it will be enough to stop this stupid man , watch yo back chama , use that money to buy computers in schools rather than wasting money on byelections ,we r tired of thise byelections , tell your president to desolve parliament so that people will vote for new leaders

  9. @HH,Ati “I HH specialise in losing elections including erections”.Whoever u re ve made my day.Kikikikikikikokikikikikiikikiki!!!

  10. I wonder what kind of legacy this man Chama wants to leave after 2016 coz to be honest he has been a total mess to this nation. Mr. Chama you so annoying, when this nation needs solutions you keep dragging us to have useless by-elections, you even have the audacity to sue iwe chimudala please stop this rot mukatupenya…….do you want us to develop high blood pressure because of your selfishness and negligence.

  11. Chama u re the most dull and useless leader don’t think wen u shot a person in mulobezi then u re above the law and a leader with vision u ct cry for by election wen in skuls there’s no computers in the hospitals there’s no medicine i ve now believed that chama u ve mental problem u shud go to chainama before things go worse. Becoz any time u ll start running mad and u need prayers

  12. When it suits them these Pf chaps start talking about the law. Is this the first time the 90 days will elapse. The same party allowed a similar situation when it was to their advantage. Hypocritics!!! Ask Dora.

  13. PF have found these by elections as a conduit for stealing public resources. There motivation for by elections is to steal state resources. shame on this criminal

  14. CHAMA TOGETHER WITH YOUR LUNGU, YOU ARE HOPLESS. WHY WASTE MONEY ON A BYE ELECTION BARELY 5 TO BYE ELECTIONS? YOU ARE NOT LEADERS BUT CRIMINALS. WE SHALL BE ESCORTING YOU TO CHIMBOKAILA PRISON AFTER 2016.

  15. These PF morons are broke.mind you this is only way they make money through by elections. The PF chair of elections has recently bought a mansion possibly from proceeds of bye elections.

  16. Days for GBM to hide in courts are almost diminishing!!soon the supreme court will reject GBM’s appeal and a by election in Kasama Central will be called where this fat albert GBM will be taught a big lesson by Kelvin Sampa and Mighty PF!!WE CANT WAIT FOR THIS BY ELECTION!!ALL DREAMERS IN UPND WILL PROVE THAT MONEY ONLY CANNOT MAKE ONE WIN AN ELECTION!!PLUS WHERE PATRICK MUCHELEKA?HE IS VERY QUIET AFTER HH MADE HIM LOSE HIS SEAT-SAD!!

  17. ZAMBIANS ZAMBIANS ZAMBIANS,,,,,,,,,THE REASON WHY CHAMA WANTS BY ELECTIONS IS BECAUSE THATS THE TIME TAX PAYERS MONEY IS STOLEN,ASK CHAMA HOW MUCH MONEY HE POCKETS WHEN THERE IS A BY ELECTION?OR ASK THE PRESIDENT HIMSELF HOW MUCH MONEY IS GIVEN TO HIS RELATIVES AND CARDERS WHEN THERE IS A BY ELECTION,SO CHAMA WILL STOP AT NOTHING,AND THE OTHER THING HE IS LOOKING AT IS AN OPPORTUNITY TO GO AND SHOOT OPPOSITION MEMBERS LIKE HE DID IN MULOBEZI.THESE GUYS ENJOY SEEING BLOOD.ARRESTING PEOPLE AND BEATING PEOPLE SO WHEN AN OPPORTUNITY COMES THEY WILL GO FOR IT ,.

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