Tuesday, May 28, 2024

Livingstone High Court throws out former Defence Minister’s Election Petition


Gen Nathan Mulenga with Former Defence Minister Richwell Siamunene
Gen Nathan Mulenga with Former Defence Minister Richwell Siamunene
THE Livingstone High Court has upheld the election of United Party for National Development (UPND) Sinazongwe Member of Parliament Gift Sialubalu as duly elected.

High Court Judge Matthews Zulu upheld Mr Sialubalo’s election and dismissed Patriotic Front (PF) losing Sinazongwe candidate Richwell Siamunene’s petition on grounds that the petitioner failed to prove his allegations according to required standards.

Mr Justice Zulu ordered the two parties to meet their own costs and that Mr Siamunene was at liberty to appeal to the Constitutional Court.

He delivered a 70 paged judgement in the Livingstone High Court yesterday for about 44 minutes as scores of UPND supporters celebrated the ruling.

The Petitioner, Mr Siamunene, has asked the Livingstone High Court to nullify Mr Sialubalo’s election saying his election could not be deemed to be free and fair because of alleged widespread violence, intimidation, bribery and other electoral malpractices instigated by UPND supporters.

But Mr Justice Zulu, who read several legal provisions and cited judgements from various previous election petitions, said Mr Siamunene had failed to prove his allegations.

He said the Supreme Court had guided that allegations in electoral petitions should be proved to the highest degree.

Mr Justice Zulu said according to the new legal provisions guiding election petitions, the Petitioner must prove that the said allegations were committed by the Respondent or the issues raised happened to his knowledge or were perpetuated by his agents.

Mr Justice Zulu also said there was need for the Petitioner to prove that majority of his supporters were prevented from voting for the candidates of their choice and that the allegations must have occurred in Sinazongwe Constituency.

“In conclusion, I wish to state that the Petitioner failed to prove his allegations to the required standard and Mr Sialubalo was duly elected.

“In view of the issues raised, I order the two parties to bear their own costs and Mr Siamunene is free to appeal to the Constitution Court,” Mr Justice Zulu said.

Mr Sialubalo polled 34, 397 votes while Mr Siamunene got 6, 171 votes during the August 11, 2016 Parliament Elections in Sinazongwe Constituency.

Speaking in an interview after his election was upheld, Mr Sialubalo described the judgement as wonderful and thanked the people of Sinazongwe for supporting him.

“This is a wonderful judgement. I promise the people of Sinazongwe Constituency that I wont dump them.

“I will represent the people of Sinazongwe as UPND MP up to the time they want me to rest. I don’t have any vengeance on Mr Siamunene,”he said.


    • Siamunene should also be made to pay for the ZAF helicopter that was smashed because of his private abuse of public property when he was visiting his relatives!

      These cost millions, and using them for personal private use is total abuse of office!

  1. I thinks the judgment was very fair there is no way siamunene petition with that big imagine 6000 against 36500 plus he should lest enough is enough.
    Lei him concetrete to his business.

  2. He though he was clever when PF bought him just like Monde now time has caught up with them PF has just dumped them this is a lesson to other young MPs do not easily be bought five years is too short you will come and regret.

  3. In Simple terms it is very difficult to nullify and election with the new constitution and instructions from the Supreme Court in place. This is good for Zambia. There is too waste in by-elections. I am very happy

  4. Even the petition by hh gbm was thrown out on the same ground. Everywhere they will go it will be the same because justice Zulu has nailed it. This must be the end of all election petition.

  5. @2.1 Buck teeth, haven’t you missed out a word? I am sure you meant to say “these people do not want bemba thieves” then you deleted “bemba” because HH has not given an.instruction to restore “bemba thieves” in the UPND vocabulary….until he is done with GBM. You ask “is Siamunene a bemba”? Of course not, but he was apointed by what UPND described as the “chief bemba monkey” at the time, late Sata.
    On the election petition, they are a waste of time as proved by most petition lost by UPND in other areas. The most eligible petition would have been in Namwala where that vampire UPND candidate Livune? broke her opponents arms the FDD female candidate.
    But in southern province the intimidation and violence was so overwhelming that it is almost impossible for any human Judge to…

  6. Its not right to assume instructions are coming from here and there to tailor the outcomes of court cases without providing information.

  7. Great ruling I hope the concort judges have learnt something from this and in future they will cite relevant authority, law etc instead of just saying we have run out of time so that our losing and out going dictator HH would have been at peace and not be moving from court to court like he is doing now

  8. Comment:who ever encouraged him to stand on pf ticket in this area is the one to blame. even a mad man can win provided is upnd. shame!. President Lungu should consider this galant man a position. he has proved he is a true Zambian


    • This jst a passing pharse and PF will continue becos PF is above individualism which is commonly rooted in UPND. No wander certain individuals in UPND have absolute power over all functions of party without having subjected to a convection to be people’s choice.

  10. So today I am glad coz am vindicated by MC’s assertion, petitioning an election victory against PF in E.P , N.P, M.P, C.P, C.B.P and L.P(2) by UPND is total madness.

  11. Good when they send you to parliament is to go for check and balance, not to go and become executive officer. You a Tonga who don’t have even animals and a farm. Boy you are going to suffer like hell. At least Kambwili stole K30 billion. So those opposition in Parliament don’t accept anything from PF defend the constitution.

  12. Any one leader taking advice from KK should be weary that He never forgets easily. He admires Mugabe’s ability to cling to power despite uprising upon uprising and wishes He never let go Himself. The only way He can get back at Zambians is to create a situation where one of his own can get to state house and reign with terror. Who exactly it is is hard to tell but if Edgar can be manipulated even by remote control He gets a kick out of it. Zambians have to open their eyes and know who their real enemies are. How do you explain the bed fellowship we see between ECL and KK?

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