Losing Livingstone independent candidate petition the Parliamentary Results

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Electoral officers, agents and monitors inspecting the Ballot Boxes at Rainbow Africa polling station in Livingstone yesterday shortly before the opening of the Polls yesterday. Picture by BRIAN HATYOKA
Electoral officers, agents and monitors inspecting the
Ballot Boxes at Rainbow Africa polling station in Livingstone
yesterday shortly before the opening of the Polls yesterday. Picture
by BRIAN HATYOKA
LOSING independent candidate for the Livingstone Constituency, Edwin Simwimba, has petition the election of United Party for National Development (UPND)’s Mathews Jere in the Livingstone High Court.

During the recent General Elections, Mr Jere got 27,737 votes beating his closest rival Omar Munsanje of the Patriotic Front (PF) who got 9,990 while Mr Simwimba got 8,204 votes and the remaining votes shared by other seven other candidates.

According to the petition filed in the Livingstone High Court, Mr Jere is the First Respondent to petition while the Electoral Commission of Zambia (ECZ) as the Second Respondent.

Mr Simwimba submitted that the election campaigns were characterised with undue influence and violence by UPND members contrary to the provisions of the Electoral Process Act Number 35of 2006.

He said members of the public were intimated by UPND political cadres to vote for the First Respondent (Mr Jere) on the day of elections.

“Members of the public were not free to campaign for candidates of their choice because UPND members constantly threatened to beat or cause harm to them.

“The First Respondent and his agents were seen giving money and food and asking voters to vote for him on August 11, 2016,” the petition reads.

Mr Simwimba said the presiding officer was under duress when he announced the First Respondent as dully elected Member of Parliament after UPND cadres locked them in a room with the Second Respondent, agents, journalists and threatened to burn the building if the results were not announced and not in their favour.

He said UPND members acted violently towards other political parties and that some UPND supporters were seen and heard chanting their slogans on the Election Day but the Second Respondent did not stop them.

Mr Simwimba said on the Elections Day, the First Respondent Political party member marked X on the posters stuck at the polling stations on names only for UPND candidates which was in direct contradiction of the Electoral Code of Conduct of the Electoral Process Act Number 35 of 2006.

“Having stated the above, I respectfully seek the indulgence of the Court to allow my petition and nullify the election of the First Respondent,” Mr Simwimba stated.

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10 COMMENTS

  1. Its not surprising that the entire elections were a fraud by ECZ and PF.
    The entire commission of ECZ should be dissolved and bring in new people with integrity for the country.
    Chulu and Priscilla should be jailed right now for their embarrassing incompetence of running elections biased towards PF thieves.

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    • Iwe @ visionless have you seen pf’ s name mentioned in the article. You are fond of oprning your filthy mouths crying foul yet you are the ones fond of wrong doings.
      If what the petitioner is saying is the truth and if the evidence is there you are in trouble ba underfive.

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  2. Esau Chulu and Priscila Isaac in particular and ECZ in general has messedup this country and must be held responsible for consequences that follow! Next, we are following the constitutional court keenly to prove that it was govt scheme to destroy this country, and in this case it becomes ECL responsible!

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  3. Considering how incompetent lawyers have been at running ECZ, isn’t time accountants are given the mandate to run ECZ? Following electoral procedures and counting votes is not a legal issue; it is a systems issue. Accountants are masters of numbers generating systems. These retired judges will not follow procedures and when challenged will just ask the complainant to go to court. Zambians do not want petitions. They want fair results reflecting the will of the people.

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  4. The courts should throw out these countless petitions by activating the floodgates policy. The petitioners are abusing the judicial process by rushing to the courts when first they should have made representations to ECZ about the violation of the electoral code of conduct.

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  5. Matongo he is a tonga and he is ECZ Commissioner why not talk about him, why conctrating on Isaacs and Chulu?

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  6. The problem that we have in Zambia is that most people have a bad reading culture. They only like listening to their leaders who might be serving personal interest or lying to them and take it as gospel truth without verifying from other sources. In general elections there are winners and losers, no draw. Lets respect the electorates’ verdict.

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  7. HH Must understand that Zambia is not Him and what he thinks but what the majority Zambians have said in the just ended Elections through the Ballot and if Thinks that he has not lost let him dare for a Re-Run and he will see the Colours of what people see him with his Leadership.Thankyou

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  8. The New constitution provides that Ministers can only relinquish power when the president elect takes oath of office.Now the interpretation by the courts on the matter was so and that the former Ministers do not owe any money because the interpretation was done recently at the time of notice and so the Ministers cease to be in office with that Notice. Thank you.

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