LOSING Patriotic Front (PF) candidate for Shangombo Constituency in
the August 11, 2016 general elections, Poniso Njeulu, has asked the
High Court to nullify the election of United Party for National
Development (UPND)’s Mubika Mubika as the duly elected Member of
Njeulu, 50, a farmer and former Western Province Minister has
petitioned the election of Mubika on grounds that the election results
did not reflect the will of the people of Shangombo.
He submitted that the campaigns were marred with corrupt practices,
electoral malpractices and violence perpetrated by the Respondent
(Mubika) and his agents.
Njeulu appeared before Lusaka High Court Judge Mwape Bowa in
Livingstone during the ongoing election petition.
The Petitioner is being represented by Tresford Chali of M H Ndhlovu
and Company of Lusaka while the Respondent is being represented by
Martha Mushipe of Mushipe and Company and Mweemba Cheelo of MAK
He said on the Voting Day, Mubika and his agents were seen campaigning
and distributing money to electorates in various polling stations in
order for them to vote for him.
“During voting day, the respondents hired various transporters to
ferry people to polling stations with specific instructions by
respondent that anyone who jumps on the hired trucks must vote for
UPND candidates,” he said.
Njeulu said on August 9, 2016, the respondent and his agents
physically broke into the Food Reserve Agency (FRA) shed and got away
with 104 by 50 kilograms bags of maize which he gave out to his
He told the court that on voting day at Natukoma polling station, the
respondent pointed a gun at a PF polling agent for simply telling him
to stop giving money to people.
Njeulu said UPND cadres were assigned to stand in various routes that
lead to polling stations with an intention to stop PF supporters from
going to vote.
During cross examination, the respondent’s lawyers asked the
petitioner to state whether he witnessed any of the allegations before
In response, Njeulu told the court that he personally never witnessed
any incidence but that he was merely told and was receiving reports
from his supporters and agents.
And Mr Justice Bowa ordered the manager of Zambia National Commercial
Bank (ZANACO) Mongu branch to produce a bank statement and details of
the account which the Njeulu opened where he was depositing the funds
which he was making from the alleged sales of FRA maize to raise funds
for his campaigns.
This was after Mushipe made an application to the court to order
ZANACO and Gideon Robert University to province the bank statement and
also compel the university to release a list of students who graduated
in December 2015, where Njeulu is purported to have graduated from
with a Diploma which he used to file in his nominations.
Mushipe said that the petitioner used Government resources in his
campaigns and further did not qualify to stand because he had forged
documents which were not certified by the Examination Council of