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Lusaka High court nullifies the election of Prof Nkandu Luo as Munali MP

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Nkandu Luo
Nkandu Luo

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Nkandu Luo
Nkandu Luo

The Lusaka High Court has nullified the parliamentary election of Minister of Higher Education, Professor Nkandu Luo as Member of Parliament for Munali Constituency in Lusaka Province following the petition of UPND Parliamentary Candidate for Munali Constituency, Mrs. Doreen Mwamba.

Judge Edward Musona of Ndola High Court sitting in Lusaka nullified the election of the Patriotic Front (PF) candidate, Prof. Luo for electoral irregularities and malpractice.Judge Musona cited electoral irregularities and rampant acts of violence as reason for nullification of the Munali seat.
Judge Edward Musona nullified the election on the following grounds:

1) Failure by the ECZ officials to properly handle the electoral process
2) Judge Musona ruled that Professor Luo, had an undue advantage in the election because she was a serving Minister at the time of election.The Constitutional Court had ruled Ministers pay back to the treasury the monies they had accrued during that period.

UPND president Hakainde Hichilema said the nullification of Munali Constituency and others clearly shows what the UPND have been saying that their votes were stolen mostly in Lusaka and Copperbelt as the electoral body delayed to announce the results from these places.

Mr.Hichilema said that he wishes to inform fellow citizens, that this was the reason the Constitutional Court did not want to hear the UPND and eventually see the evidence of electoral malpractices across the country, that included the uneven campaign atmosphere.

The UPND president said even as recently as last week, UPND votes in Mushindamo District had to be reversed after the ECZ officials initially declared the PF candidate as the winner when infact the UPND candidate had won.
“That is exactly what we wanted the ECZ to do in August to first verify the results before declaring a winner, but they refused,”he said.

“Fellow citizens, kindly note that we are again in court this afternoon at 14:00 hours on issues relating to our rights to be heard regarding the presidential petition.On my own behalf and indeed on behalf of the people of Munali and you also who voted for us in large numbers, I say thank you, “Mr Hichilema concluded.

UPND members celebrate nullification of the Munali seat
UPND members celebrate nullification of the Munali seat
editor
editorhttp://www.lusakatimes.com

114 COMMENTS

    • This is unfair. Anyway only time will tell. Oh, i forgot she can take it to the supreme court and win the case. So many cases of this nature have been lost in high court and won in the supreme court. Good lucky iron lady.

    • The truth will come out. As for the Presidential petition, there’s not a single valid Gen 13 and ECZ 19 forms that have been properly signed and witnessed for all the Lusaka constituencies. That’s why the Kangaroo Court could not conclude on the petition and chickened out by claiming that time had run out. Let the avalanche of nullifications begin!

    • Is the juduciary having a rethink. That’s very rare news nowadays. But Nkandu Luo says she is going to the dearest darling ConCourt.

    • @saulosi, can that be true that your PF third in command has fallen too, Luo?
      Edgar need terminate his trip and come and settle this…. It’s Armageddon in PF.

    • As long as there is evidence beyond reasonable doubt this is fine.

      The Prof however, has the right to appeal where dissatisfied. This violence talked about involves atleast two opposing sides and it has not been determined, proven, and stated who perpetrated the said violence.

      It will also need to be proven how the sitting minister used undue influence, rather than a mere assumption that since she was a minister she must have used undue influence.

      The reason why proof that she used undue influence is vital is that merely being a minister is not proof of undue influence, otherwise Siamunene, Kaingu, Davis Mwila and others would have won the elections.

      Therefore the strength of the judgement will be tested at a higher (appeal) level. Judgement can never be based on assumption…

    • Therefore the strength of the judgement will be tested at a higher (appeal) level. Judgement can never be based on assumption but facts and tangible evidence so that we are not turned into a joking society.

      On the other hand if the court of appeal finds evidence to that effect and passes similar judgement, well and good. Who wants dishonesty and malpractice in our country?

    • The true reflection of the results of the general election! Edgar Lungu lost the August 18th election. If the Constootional Court heard the petition, Edgar would not have been declared winner.

    • The judge is dull and very dull. Reason (2) is no a valid one. The constitution does not allow us to disclose the source of income for campaigns so even if she was in office illegally, her income can not make her lose her seat. Its the same thing to say HH had an undue advantage because he was using money he stole from privatisation. she will appeal and win and you will celebrate no more.

    • Another idi00ti whose being elected should have been nullified is that jerambo boss called Kabwili… but he used all the ill stolen cash to bribe that kama tribal judge called Chanda and that is how he survived!

      Next on the chopping board should be the Mwanakatwe woman-she used racism and govt machinery to win that seat…we call upon the judge to crank the whip too on her.

      By the way, what happens next if the Concourt upholds the nullification, does Doreen automatically becomes MP or are we to have a bye election?

      Yabaa, this is good news for today, let me even run down to buy a case of CARLINGS for celebrations over this delicious news!

    • @ 1.15 wise one,
      If you want to call on others to start thing the you need to demonstrate at minimum that you are capable of thinking yourself.

      Otherwise no one will take you seriously, not even yourself.

  6. Much as electoral victory was stolen from UPND in Lusaka & Copperbelt, this nullification is not genuine. UPND shud not celebrate too early. It is a negotiated and smooth purge of Sata Family Forest from the political scene. Lungu is scared of firing them directly like he did with Kambwili because of the anticipated backlash from th Luapula_Northern Axis of PF power so he has decided to get rid of them thru the Courts.

    Its a double boomerang on original PF members both politically being discarded like tissue and economically as IMF is also unwillingly to bail out this failed government. The famous ‘balibomba Ama Roads’ now totally abandoned.

    PF is in total disarray!

    • This nullification is genuine on all counts. Critically the Kangaroo Court agreed that Ministers should not have stayed in office after Parliament was dissolved. That single act was so unconstitutional that it counts as treason. Lungu will be tried for treason one day. Justice has to prevail. (I don’t give a monkeys for Satan’s family. They have already enjoyed enough.)

    • It’s Zambia which will be in total disarray, how many more former ministers will be purged using this ruling? It is now utter chaos just because of one insane ruling of the concourt that ministers were supposed to relinquish their posts.

    • Grounds for nulification

      1) Failure by the ECZ officials to properly handle the electoral process
      “Was Prof. responsible for the conduct of ECZ officials?”

      2) Judge Musona ruled that Professor Luo, had an undue advantage in the election because she was a serving Minister at the time of election.The Constitutional Court had ruled Ministers pay back to the treasury the monies they had accrued during that period.
      “Did Prof. continue holding ministerial position after Concourt ruling?”

    • I totally agree with you NEUTRAL; everything about this annulment smells like a rotten rat. Since when did our judiciary make a decision without consulting the executive! This is undoubtedly part of the “purging”/chidununa going on in PF since obviously you cant keep firing ministers when there are other “legal” means. Let the blind rejoice but this victory is not theirs. Otherwise too bad that Zambia will no longer benefit from the intelligent skills of Prof Luo who has left a positive mark in every ministry she has led. Politricks che!

    • Ottis seem to be asking and wrongly answering questions…any slight advantage is grounds for nullification; that is why they are called free and fair elections.

    • UPND if ECL stole the elctions in LUSAKA and CB then even you UPND and HH you stole votes in SOUTHERN,WESTERN AND NORTH WESTERN who does know that so dont cry on top of the hill as if u are saints no u thieves all in UPND

    • @1PLUS1

      My thinking is very logical.

      Lungu is ‘cutting trees’ from Sata Family Forest. Lungu knows that if they go for bye-elections PF will retake the seat at all costs (by hook or crook) meaning PF will have lost nothing. But the Sata Family Forest will have lost one tree-Luo!

      Try 2see thru both the logical and lexical semantics of other peoples’comments b4 spewing yo dullness. Did you ever pass comprehension? Ur the people who jail others who threaten u politically for saying they’ll “go for yo throat” & u take the literal(lexical) meaning instead of the logical meaning.

    • ECZ mishandled elections in throughout Zambia – Nullify the elections even that of Lungu if this is one of the grounds. Kambwili was Minister and ECZ mishandled on the CB but why was the election of Kambwili upheld?

  8. We may never know what really happened to the Presidential election results and this nullification may not serve as a proper and definitive yardstick but gosh the symbolism it carries is huge… the perception has a far reaching implications on the entire process: ‘they just didn’t rig the parliamentary elections but they also tempered with the Presidential election results but they were protected by the partisan and bias ConCourt.’.
    And that ‘minister undue advantage’ ground can pretty much nullify the election of every PF MP who was serving as minister at the time. Kudos to this brave judge, I hope he will still have his job and life at the end of all this.

    • Today, 22nd November 2016, High Court Judge Musona nullified the election of Nkandu Luo on account of:
      1.Nkandu Luo’s illegal stay in office after dissolution of Parliament and use of public resources to campaign;
      2.Attack of UPND double decker bus in Mtendere compound by PF cadres;
      3. Failure by ECZ to make form GEN 12 available which is a legal document
      4.Failure by Presiding Officer in Munali to stop Nkandu Luo entry into the totalling centre but stopped UPND candidate Doreen Mwamba from entering.
      4.Failure by Zambia Police to protect UPND supporters during campaigns who lived in fear and could not even wear party regalia
      5.Denying UPND candidate an opportunity to campaign and later frustrating and disrupting rallies using PF thugs.
      Judge Musona submitted that the evidence…

  9. Yaba – I remember Simbao defecting to the petitioning party and winning but the dynamics pa Munali are a bit different mwe… Let’s see if history can repeat itself otherwise yakakana!

    • Iwe @jkalusa tekanya foist! What if Doreen does a “reverse-Simbao”, defects to the PF and runs on their ticket? What shall you say then? Awe mwe..

  10. HH is childish, the nullification of one seat doesn’t mean everything was corrupt. Your candidate put up a well supported evidence not like you who depended the late Zambian Watch Dog.

    • This is a progressive judgment. It appears there still exists an iota of independence in our seemingly “cadre-infiltrated” judiciary.

      But knowing the creativeness of ZNBC, Daily Nation, Daily Mail and Times of Zambia am sure they will conjure a way of telling this story like its in the ruling party’s favor smh.

      Cheers!

  11. Ifyabupuba all the time! Meanwhile no real progress being made at individual level. I am so sick and tired of Zambian Politics.

  13. As long as there is evidence beyond reasonable doubt this is fine.

    The Prof however, has the right to appeal where dissatisfied. This violence talked about involves atleast two opposing sides and it has not been determined, proven, and stated who perpetrated the said violence.

    It will also need to be proven how the sitting minister used undue influence, rather than a mere assumption that since she was a minister she must have used undue influence.

    The reason why proof that she used undue influence is vital is that merely being a minister is not proof of undue influence, otherwise Siamunene, Kaingu, Davis Mwila and others would have won the elections.

    Therefore the strength of the judgement will be tested at a higher (appeal) level. Judgement can never be based on assumption…

    • The barring of the UPND candidate from the totalling centre while Luo got in says it all. She was not treated like the other candidate. And she was campaigning in a GRZ vehicle and using GRZ resources for her personal gain. What more evidence do you need to support the court’s decision?

  14. Good but inconsistent. How come Kambwilis seat was not nullified despite him riding on the ministerial position during campaigns?

    • Most pf MPs will be disqualified based on Judge Edward Musona nullification of Prof. Nkandu Luo’s election on the following grounds:
      1) Failure by the ECZ officials to properly handle the electoral process
      2) An undue advantage in the election because they were serving as Ministers at the time of election. The Constitutional Court had ruled Ministers pay back to the treasury the monies they had accrued during that period.

  15. Ndanje, there is nothing childish about HH’s pronouncements. This is serious business. The full extent of the massive electoral fraud will be unmasked soon as seats fall off one by one like dominoes.

  17. I disagree on the notion that “she took advantage of her position as a minister ….” How many ministers lost? Many too many to mention ….Musenge, Siaminene, Kafwaya. Oh and judges are rotten according to one HH.

  18. The judge is lunda / luvale it can br head from the drcision hh is behind it. Ecl shud be alert he will feel the gap left by kabwili.
    Reasons put forward dont hold water how do u atribute violence to one candidate it take 2 fight.disqualify pf and upnd to be fair and declare no 3 as mp. Judges shud be fair or ~

    • So what you dunderhead. The judge is learned and this country is for all. Jumping to petty tribalism if when not necessary?I would straight away slay your neck off if I knew you.

    • Iwe @Bingo uzamangidwa!! That’s what is referred to as Threatening Violence in police terms. Uzachosa nsapato ka!!!

  19. let these ministers start paying the money they earned wrongly they knew it was un consititutional to eat with two hands . when are they going to start paying including those who lost their seats.

  20. Childish judge. it’s not Prof.s job to control ecz or the police. Before the concourt ruling it was legal to use gov shi.ts for a minister. She stopped after ruling…complied with the law. She can’t be punished for committing no offence…For the case to hold she must be personally involved in executing ecz or zp duties ie conducting elections a hacking unpd zealots. The ugly they look the lllmy mbuya prof

    • Please read the entire ruling and not the summary on this blog. The evidence is overwhelming and the judge could not have ruled any other way. The petitioners lawyers put up a good fight and Luo was put to shame. Most allegations were proved beyond reasonable doubt with video evidence in some cases.

  21. So in short Kangalu President also abrogated the constitution when told these bafons to stay in office when they knew it was illegal. He is also in for it. Wina azalila!

  25. Pa Fikala. Luo lacks honour, so should never even have been referred to as “honourable” WHO VOTED FOR PF? Luo should give back all the monies illegally received, should not be allowed an ounce of GOVT resourse. This is for the people that were killed, beated during campaign time.

  26. This is ECL simply systematically getting RID of all those who belong to a certain clique in the PF. I wouldn’t celebrate if i were you….ECL is not as dumb as you perceive him to be,he is cleansing the PF systematically.He only wants to remain with those loyal to him.Watch the space!!

    • Good question for HH and his minions! Am sure this one is not corrupt. And this day there is justice in Zambia. Actually HH believes there is justice in Zambia otherwise he would not have been going to courts

  30. No politics involved:
    1. Failure by the ECZ to conduct business properly (i.e. Priscilla Isaacs and Essau Chulu etc)
    2. Failure by the police to provide security to the UPND in Mutendere (Luo was supposed to be the police commissioner)
    3. Being a minister before the Concourt ruling (She should have disobeyed the president when he asked them to continue in office and she complied immediately after the ruling)

    On these 3 grounds the seat is nullified.
    Where to Mother Zambia? Where to shall we run?

    • Its not about the individual. Its about whether the conditions were free and fair for a level playing field. It would seem that those conditions you highlight favoured Prof. Luo. They disadvantaged the other candidates. Therefore she did not win fairly. Not that she as an individual created those conditions.

    • IT IS THE WAY IT WAS DONE – IT WAS UNFAIR – NOT DEMOCRATIC. LUO CAN APPEAL IF SHE SHE WANTS TO.
      Zambia is supposed to be a democractic state – Fair Elections must be executed. ECZ and Mrs Patricia Isaac should be brought before court as well.

  31. Well done, judge Musona. Our country’s checks and balances have to be protected at whatever cost. Lawlessness cannot be condoned by the judiciary.

  34. The reasons are flawed and do not represent the abrogation of the laws by the Hon. MP. These Judges using their retired brains will very soon cause total chaos in this Country. Watch this space. Everyone now wants to show his own way of thinking and inclination. This is way too dangerous. This is why I cose to be an Engineer. Engineers judge on reals principals, theorems and calculations. Law is such chaos.

  35. UPND is really funny! What will they say when the Supreme Court overturns the High Court ruling? That the Supreme Court judges are corrupt?

    Shortlived celebrations from goons!

    • Why are you so sure the Supreme Court will reverse the decision? Isn’t it the same Supreme Court that nullified Kakoma’s election for donating a phone to a school and Mulusa’s election for donating money to a church and Dorah Silia’s election for donating bicycles during campaigns? Precedence was set in those rulings. Luo’s misdeeds were worse than the above and were proved in court. Besides election appeals are not in Supreme Court but in constitutional court as per new constitution. It’s the ConCourt who ruled that the ministers were in office illegally and were using grz resources to campaign for themselves and PF. That’s not in dispute. The court ruled the illegal ministers pay back the money and not Lungu to pay meaning the individuals were found liable and not the president…

  37. With all due respect bane but this woman is ugly. This one defies the saying that goes like “beauty lies in the eyes of the beholder”. I wonder what the late doc saw in her. MHSRIP

  38. Yaba… personal attacks are the norm in Zambia – she is not ugly. Check out Lungu first. Prof Luo is educated; even if she has her faults in her career – for using money meant for HIV/AIDS & Blood bank laboratory and all… things are catching up with her

    • She is not ugly. She has a face only her mother would be proud of. However, she is also unattractive inside. Very arrogant, tribal, racist and nepotistic female being. With a face like that, I wouldn’t touch her with a long pole.

  39. THIS IS AN EARTHQUAKE!!!! SAD TRUTH IS NOW WE ARE GOING TO BE COUNTRY PROPELLED BY ELECTIONS. IF THIS JUDGEMENT HOLDS ON APEAL WE HAVE A SERIOUSLY COMPROMISED GOVERNMENT. THE SUPREME COURT NEEDS TO IMPOSE “WRIT OF CERTIORARI ” AND JUMP IN BEFORE WE HAVE A CRISIS THAT CAN PARALYZE OUR ENTIRE GOVERNMENT. SUPREME COURT NEEDS TO JUMP IN NOW!!!

  42. The PF is rapidly being destroyed by a handful of its own selfish and crooked leaders and soon it will become a shell of its former self.

  43. Actually HH has no legitimacy or right or reason to stand in 2021.

    UPND should grow up and put someone else who is legitimate and capable of making sense standing in 2021.

    Why keep trying the same thing all the time and yet expecting different results?

    HH has been losing for the past 5 elections and you UPND keep trying him.

    OK, let’s assume that he has been wining. Then, shall I say that HH has been wining for the past 6 elections but does not end up in statehouse.

    So, let us assume that he wins 2021 elections, what makes him think this time his win will take him to statehouse when all along the win has meant nothing.

    Are we saying in 2021 he will win properly, and that all this time he has been wining wrongly?

    My conclusion is that neither a win nor a loss is able…

    • My conclusion is that neither a win nor a loss is able to help HH. So why keep standing, why keep doing the same thing in the same way in the same environment expecting different results.

  47. Yes @peace for Zambia especially when you know the referee is the same thieving, corrupt, incompetent and evil one who always disallows your clear goals as offside and allows your opponent to run with the ball in their hands to score. The same referee who gives your opponent a penalty for their goalie colliding with his own defenders but says no penalty to you when your opponent’s defenders also become goal keepers and dive for the ball that has even already crossed the line. On that note I agree with you.

    • That is why I question the rationale of UPND.

      They have known the referee and his behaviour for the past 6 elections with their only trusted and only dependable candidate.

      But they keep going at it, expecting different results. You see, you don’t want know what that old physicist and philosopher said about such practice.

      Your bucket has a hole at the bottom, but you keep sweating putting water it in with full knowledge that it will leak out.

      If you will be shocked that even a mad mad begins to laugh at you reasoning, then your situation could be worse than he.

  48. It follows that all those who stood while illegally holding on to ministerial positions, should have their election to MP nullified. These elections were tainted from beginning to end.

  49. I think this final goes through its going to be a game changer. It is true that PF, the Concourt and ECZ rigged the elections. UPND won the elections, but due to malpractice PF ended up being declared as winners. I know PF supporter don’t agree, nevertheless this is a fact.

    The problem in Zambia we are not united. We allow these ministers to steal from the nation resources while we are seated smiling and others supporting them. Some of the government workers go for months without getting paid. But do you think ministers don’t get paid on time?

    During the elections that guy went into the server room, what happened to him? This is one of many cases which die off because our legal system is very corrupt. The DEC are after small fish and they can’t go for big fish in the pond…

  50. The reasons given here will make Hon.Luo win it in concourt or supreme court because other ministers have already won their cases at high court such as Dr Kambwili,Harry Kalaba etc.UPND’S CELEBRATIONS HERE WILL BE SHORT!!MOREOVER,DO UPND THINK THAT THEY CAN WIN IN MUNALI IF A BY ELECTION IS CALLED FOR?I DOUBT IT.I VOTE FROM MUNALI SO I HAVE SEEN HOW VOTERS TALK TO EACH OTHER ON THE QUEUE ABOUT VOTING FOR PF!!I WITNESSED THAT IN 2011,2015 AND 2016.even a friend of mine from upnd confirmed after voting at chitukuko school in mtendere that we (upnd) cannot win here because he noticed on 11/08/2016 how voters on the queue were urging each other to vote for PF openly!!yes if PF redopt Prof.Luo,they may lose because she won because of ECL.but anybody else like Mumbi Phiri,Mike Mposha on…

  51. This ruling made a lot of us rejoice, pray and hug each other. We were all ‘common men” none of the top leadership accompanied our candidate we thank the courts for doing their job but I think Doreen was simply fantastic. Her evidence, the witnesses the video of that mishap on the double decker bus her demeanor etc. left even the most hardened humbled. I think as a Party our leadership can learn a thing or two on how to petition an election. Alleging 14000 ballots were stuffed in a bin, or that we were threatened leaves even the most astute counsel handicapped. I am sure even if LUO appeals she will lose as the evidence is over whelming….on behalf of the party and those seeking change we say thank you and now the work begins..2021 Zambia forward under new UPND…

  52. The campaigns were different in each constituency.The court’s verdict largely depends on the evidence presented in court.But the obvious evidence is that the ministers used government resources to campaign.And also there was so much violence perpetrated by PF

  56. The judge was instructed to do this by the drunkard in state house. This judgement will be overturned in the Supreme Court or constitutional court. The guy in state house just wants to serve his face so that blind Zambians can start thinking that he doesn’t interfere with the work of the judicially. Remember what happened with the presidential petition. First the concourt judges ruled in favour of the people and did something stupid during the presidential petition.

    • These judges are not corrupt after judging in Upnd’s favor. Dont be too exited because Dundumwezi was also petitioned. Not everything was clean there.

  57. and who says we do not run the judicially people are all happy thinking its the end of the road sorry sir sorry madam we will win in supreme court!!wait and see

  58. This ruling alone goes to show that no one is above the law. It also provides platform to know how important it is to hear the case or cases presented other than to merely not to hear what the case is all about. If only the Concourt had given room to GBM and HH and to have their petition heard, the outcome would have been different. ECL would not be President now. Kudos to Judge Musona I applaud you

  59. This judgement falls far short of the standards in terms of the burden of proof required of the petitioner. Nothing has been “proved” by the petitioner and we see Concourt confirming Nkandu Luo as winner.

    As for the UPND presidential petition, it is going nowhere too. Look at it this way. In some of the parliamentary petitions so far heard in high courts, judges have thrown out the UPND petitions on account of filing the petition or evidence out of time. No UPND member, petitioner or leader has chalkenged the time factor so far. And yet in yhe presidential petition the same UPND will not the same time limit set by the same constitution, i.e. 14 days limit to hear and determine the petition. What a ball of contradictions these donkeys are!

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