Charlotte Scott goes to court to seek the nullification of the election of Margaret Mwanakatwe

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Dr Scott with Dr charlotte Scott on holiday
FILE: Dr Scott with Dr charlotte Scott on holiday while Guy Scott was acting as President

Losing UPND candidate Charlotte Scott has petitioned the Lusaka High Court seeking the nullification of declarations of the Lusaka Central PF Member of Parliament candidate Margaret Mwanakatwe as the winner of the just ended parliamentary elections.

Charlotte Scott joins the other 28 losing candidates in the just-ended parliamentary elections to petition the Lusaka High Court seeking the nullification of declarations of the winners in the constituencies.

Six more seats were petitioned in the Ndola High Court by United Party for National Development (UPND) losing candidates.

The petitioners, mainly a mixture of those from UPND and the Patriotic Front (PF), alleged electoral malpractices against the incumbents.

Among the other notable winners who have been petitioned are UPND’s Sinazongwe MP Gift Sialubalo by PF losing candidate Richwell Siamunene, while PF Shiwang’andu MP Stephen Kampyongo had been petitioned by Elias Mubanga of the UPND.

Mufumbwe UPND MP Elliot Kamondo’s election has been challenged by PF losing candidate Steven Masumba, Chipili independent MP Jewis Chabi has been petitioned by losing PF candidate Davies Mwila, MMD’s Elizabeth Chitika has challenged PF’s Kawambwa MP Nickson Chilangwa, while UPND Kaoma MP Sitwala Sitwala is facing a court battle from losing PF candidate Austin Liato.

Others are UPND Mongu Central MP Mwilola Imakando, who has been challenged by losing PF’s Joseph Mulyata.

Itezhi-Tezhi UPND MP Herbert Shabula has been petitioned by PF losing candidate Greyford

Monde, Bahati PF MP Harry Kalaba’s election is facing a legal battle from Antony Mukuwa Lusaka, while the PF MP for Mwansabombwe Rodgers Mwewa has been petitioned by Sunday Chitundu Maluba.

Samuel Mwale of the UPND has challenged PF’s Kanyama MP Elizabeth Phiri, UPND losing candidate, Sibongile Mwamba has petitioned PF Kasama MP Kelvin Sampa, Nawa Mabenga petitioned Independent candidate Alfred Mandubwa, while Mike Tembo has petitioned the election of Petauke Central MP Dora Siliya.

According to a petition filed by Mr Masumba, he is seeking the court to nullify Mr Kamondo’s parliamentary seat alleging that his campaigns were characterised by defamation or inflammatory allegations, intimidation and violence.

Mr Masumba said Mr Kamondo used the referendum to urge the electorate not to vote for him and the PF.

In the Ndola High Court, the UPND filed the petition before Judge in-charge Emelia Sunkutu on Thursday and Friday last week alleging electoral malpractices.

Both the Roan and Luanshya Central parliamentary seats belonging to former Information minister Chishimba Kambwili and Steven Chungu, respectively, have been petitioned.

Other seats petitioned are Kabushi and Chifubu constituencies in Ndola, scooped by Bowman Lusambo and Frank N’gambi, respectively.

The other two seats are Kalulushi and Kwacha in Kitwe won by Joseph Malanji and Kampamba Mulenga, respectively.

50 COMMENTS

  1. I said it when Charlotte Scott was stage managing vote buying in the constituency that she was preparing fertile ground for petitioning results as she knew that she was losing. Courts should just throw out these petitions they are counterproductive. People should learn to accept results and move on.

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    • In the new and old constitution we are not compelled to disclose the sources of our campaign funds. If these petitions are based on the ruling that ministers were illegally in office, then some will be shocked. Bazungu bopusa indeed.

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    • All the former Ministers and the D/Ministers must be petitioned cause the used government resources .The concourt judgement is already there as a matter of fact.Lungu has massed all his former ministers cause they will all lose there sites.Under the new constitution they will not be able to recon-state there seats ,only after 2021.After all this they will be required to pay back all the money earned in office.Lungu massed these guys forsure.

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    • No Kabu,I totally disagree. There are rules governing the conduct of every election campaign and if a winning candidate does not observe those rules, the courts of law have got that right to annul that victory.

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    • @kabu when the itezhi tezi pf guy lost and petitioned you said it was his democratic right,now that tables have shifted your statement has taken a 360?how ironic

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    • @1.1 Shooterz, good observation. For some the hope is that they will ruling of Ministers having been in office illegaly as tool for win a petition. Use of government of resources is controlled by Permanent Secretaries not Ministers and resources alone do nit win an election. How come some Minister still lost if it was all about using govt.resources. Then some petitioners are just wasting courts time because they and their parties were very unpopular in their areas- something they should just normally accept and find something better to do!

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    • @patriotic
      Though I didn’t comment on Itezhi tezhi petition, I have made this comment because I said exactly the same thing when Charlotte Scott went to woodlands police station accusing Margaret Mwanakatwe of sponsoring someone to buy votes. Do you remember that posting? You can go into the archives and find that article and my comment was exactly what I have stated now!

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    • Its a straight forward case. Margaret was campaigning as an illegal minister… will be disqualified and not able to stand again. Concourt has already ruled on this matter

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    • I understand that when a minister or MP’s term comes to an end in the natural course of events, they are entitled to the personal-to-holder GRZ vehicles to buy as part of the gratuity. So, use of GRZ vehicles may not wash as a petition strategy. Kapena petulo na dizelo olo darayiva.

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    • All the former Ministers and the D/Ministers must be petitioned cause the used government resources .The concourt judgement is already there as a matter of fact.Lungu has massed all his former ministers cause they will all lose there sites.Under the new constitution they will not be able to recon-state there seats ,only after 2021.After all this they will be required to pay back all the money earned in office.Lungu massed these guys forsure.

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  2. These guys want to make the next administration ungovernable hence this number of petitions…That’s the ploy their lawyers has given…

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  3. I think the reason we go for elections is for the people to choose and democracy means rule of the majority, so if you are not declared a winner, please respect the fact that the majority don’t want you. Move on.

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    • All the former Ministers and the D/Ministers must be petitioned cause the used government resources .The concourt judgement is already there as a matter of fact.Lungu has massed all his former ministers cause they will all lose there sites.Under the new constitution they will not be able to recon-state there seats ,only after 2021.After all this they will be required to pay back all the money earned in office.Lungu massed these guys forsure.

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  4. All the former Ministers and the D/Ministers must be petitioned cause the used government resources .The concourt judgement is already there as a matter of fact.Lungu has massed all his former ministers cause they will all lose there sites.Under the new constitution they will not be able to recon-state there seats ,only after 2021.After all this they will be required to pay back all the money earned in office.Lungu massed these guys forsure.

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    • @5 Mumbi Phiri, you could be very wrong the expenditure and use if resources is sanctioned by Permanent Secretaries. Unless some one was so stupid to openly use GRZ vehicles,it will be hard to prove that winning an election was about some one being a Minister! Some one has to clearly show that GRZ resource X was used to gain Y votes in a manner convincing enough that some one gained undue advantage over their competitors. Being a Minister does not automatically mean misusing GRZ resources and does not guarantee some one a clear win that is why some Ministers lost and some are even petitioning. People will be required to show concrete proof as to how their competitors abused the electoral process to win e.g.intimidating opponents’ polling agents if there is proof with police records!

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    • @bwafyaa!
      You need to understand the Concourt ruling on Ministers and what the Constitution stipulates
      (2) A person is disqualified from being elected as a Member of
      Parliament if that person—
      (h) has, in the immediate preceding five years, been removed
      from public office on grounds of gross misconduct; or

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    • @5.2 Independent. I am not a Lawyer but from my layman’s understand, gross misconduct is quit different from continuing in office at the behest of some appointing authority. I think the case of gross misconduct is best suited to those who contravene the Ministerial Code of Conduct while on in post. The case of this Ministers having been office beyond their time could be constitutionally wrong but they were granted permission by the Supreme Court who overruled the injunction that was filed to stop the Ministers from staying on after dissolution of parliament. So somewhere somehow, they were offered some legal justification and then there is no direct proof that their stay earned them an advantage to win over others unless some one factually proves so!.

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    • “gross misconduct” means a grave violation or breach of the provisions of the Constitution

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  5. I can’t wait to hear the evidence against people like Chishimba. With all that tribalistic talk, it should be easy to show that unfair methods were used to scare voters against the other party.

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  6. Honestly this muzungu wopusa thinks she be a representative of Lusaka Central? This is madness at it’s highest.
    First her husband is the most detested man in Zambia just in case she doesn’t know. Scott has a natural hatred for President Lungu simply because Lungu used to be his subordinate in the office of Vice Presidency office and that late president Sata trusted Lungu more than this imperialist who could have sold our country to his friends.
    Even this stup1d petition by Hyena Haluza (HH) is being pushed by Scott and M’membe, we know. But the truth is, these chaps cannot overrule the will of the people. ECL won and defeated them yet again squarely and clean by OVER 50%+1 VOTES.

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    • Scott and Sata were best friends …Sata knew Lungu couldn’t lead and is a follower the evidence is there so was ideal temporary choice. If her husband is most detested how come he held on to that seat?

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    • Your insinuation that Sata knew that Lungu can’t lead is a complete falacy. Infact it is Sata who never allowed his ‘best friend ‘ to act as president instead he preferred Lungu.
      Can we therefore assume that Sata knew that Scott could not lead?

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  7. Imwe how is Kambwili? Isn’t he dead yet? Yes to borrow his bemba proverb, “ubushiku bufwile insofu nelyashi lya nsofu”.

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  8. All challanged upnd seats must b nulified. The Pf ones yalifyee!!! Pf was a clean win. Upnd was tribal voting, so panse!!

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    • @decon- how could you write that at your own mother? Boggles my mind why they never “early terminated” you!

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  9. I doubt whether results from Lusaka and CB in particular, are accurate.

    Opposition are right to challenge seats never mind Presidency. Telling observers monitoring that final count that they weren’t needed anymore…

    ECZ screwed this up by failing to follow their own procedures and that may turn out to be the most costly mistake of all. It’s not nsolo where you borrow from one pot to fill another as strategic play…

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  10. New Trend in Zambian politics is PETITION. In Psychology this is what we call DENIAL..Accept, move on and get a happy life…

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  11. Even if an election is held today,Mrs Scott cannot win Lusaka central under upnd,same for those dreaming in kasama central,in southern under pf etc.its like most of these politicians are very dull and forget very fast!!!YOU LOST SO JUST MOVE ON!!

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  12. ConCourt have already decided that PF will rule for another 5 years even if the opposition can prove that the election of 11 August 2016 was rigged. Go back to normality and wait for the next election…!

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  13. @bwafyaa!
    You need to understand the Concourt ruling on Ministers and what the Constitution stipulates
    (2) A person is disqualified from being elected as a Member of
    Parliament if that person—
    (h) has, in the immediate preceding five years, been removed
    from public office on grounds of gross misconduct; or

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  14. Humrummmmph! And Margret Mwanakatwe, goes to the Immigration Dept. To nullify the Citizenship of two unworthy non indigenous Zambians!

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  15. Those three concourt judges were biased when they judged the min. issue that is why when ECL is sworn they will be replaced. con court needs sober judges who does not take sides.

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  16. It is clearly obvious that the results in all these petitioned constituencies should have been the same for these elections under nearly all circumstances. What a waste of time! What a waste of money and how troublesome!

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  17. Charlotte, Lusaka is not Scotland where you and your husband should have monopoly/bragging rights over that constituency.

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  18. The high number of petitions, which include the Presidential shows how incompetent the Electoral commission is in managing and administrating Elections in this country.
    the ECZ as just another Government agency is porous to government interference, and actually is managed by state agents who use it to their whim. Unless the ECZ is autonomous and is lead by officials who don’t have to kneel down to Government, then there is no need for elections in zambia. Its better to for the presidency to be occupied buy a king or queen, so that we don’t deceive ourselves of being democratic.

    the 2016 Elections were rigged, flawed and mismanaged. And its not Mr Edgar Lungu to blame. Its the ECZ that is powerless, porous and unprofessional which allwed politicians to use it. How come all of a…

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  19. Yesterday Edgar Lungu said he will create a Ministry of Religious Affairs, I have my doubts – many for that matter – the next thing we know is that the Church will be controlled by govt and those opposing them will be suspended and even worse banned. One of these days an ***** in govt will think the Church needs to be regulated and taught a lesson. Surely the Church is bigger than govt and if anything isn’t it the Church that should be regulating govt?. If Lungu needs someone to offer spiritual guidance to govt why not just create a position at state house for a religious Affairs Advisor or better still set a stakeholders’ forum made up representatives from the various religious mother bodies that he can be consulting on important issues from time to time. God help us – Amen.

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