The Lusaka High Court has refused to grant a stay of judgment to Patriotic Front (PF) Lusaka Central Member of Parliament (MP) Margaret Mwanakatwe.
The Court however, said in its ruling that the election of Ms Mwanakatwe was not void and was duly elected, meaning she could continue operating as an MP.
High Court judge in charge Mwiinde Siavwapa denied the respondent a stay on grounds that it was misconceived and would not affect her standing in Parliament.
“I have looked at the 10 grounds of appeal and from the view that the prospects of success on appeals are. Further, even if a stay is not granted, the loss that the respondent will suffer is not irreparable by compensation or damages,” he said.
Mr Justice Siavwapa however, granted Ms Mwanakatwe leave to appeal to the Constitutional Court which would determine the matter.
Ms Mwanakatwe whose seat was nullified due to electoral malpractices has raised 10 grounds of appeal in the Constitutional Court.She also asked the Constitutional Court to order for a stay of the judgment to stop the National Assembly from declaring her seat vacant.
Ms Mwanakatwe cited errors in law and facts when Judge Siavwapa declared her election as MP for Lusaka Central Constituency null and void.
In the first ground, the appellant said the judge erred in law and facts when he held that losing United Party for National Development (UPND) candidate Charlotte Scott was stopped by the police from campaigning, a factor that affected the outcome of the election in the absence of evidence to show that she was indeed stopped.
“Take notice that I being dissatisfied with the decision of Judge Siavwapa delivered on November 23 this year, intend to appeal to the Constitutional Court against part of the judgment and lodged a stay,” she said.
She said the judge erred when he held that the conduct of the police to stop Dr Scott campaign process was illegal and an act that affected the outcome of the elections.
That the judge also erred in law and facts when he held that the violence which was associated to Ms Mwanakatwe negated free and fair elections in the absence of evidence to demonstrate that the violence actually occurred and was wide spread.
Ms Mwanakatwe stated that the judge erred when he nullified the election on the ground that the violence perpetrated against Dr Scott in the City Centre affected the outcome of the elections in the
absence of evidence linking the appellant or her agents to the alleged acts of violence.
He erred when he held that the remarks she made on “Race to Manda Hill” radio programme amounted to racism when the appellant was merely stating where she was born which every candidate on the panel did and that there was no clear evidence to show that the appellant made those remarks in reference to Dr Scott nor was there evidence adduced as to what the ordinary member of society interpreted them as.
Judge Siavwapa is accused to have erred when he held that the appellant involvement in the sinking of boreholes was shown by a letter produced in court when there was clear evidence that she is not the one who sank them.
“The Court however, said in its ruling that the election of Ms Mwanakatwe was not void and was duly elected, meaning she could continue operating as an MP.”
Whats all this nonsense…one Judge overwriting another that so and so erred…
How confusing. If her election was nullified – there should be abbey election. Nothing mildly in the middle innher operating as an mp. I realise judges are prone to corruption , but they are playing semantics here.
Thanks
BB2014
This is why even people like Amos Chanda are able to an erection on those Judges, no one understands them. I think they read the Zambian messy Constitution too much.
LT is trying to twist facts….
Judge Siavwapa said there was no way he could reverse his own judgment to stay an order that declared the election of Mrs. Mwanakatwe null and void. He said granting a stay in this situation was tantamount to reversing the court’s position on electoral irregularities in election petitions; that it would imply the election was not void but that she was duly elected and should continue as Member of Parliament.
How does it become nonsense when last week the same ruling impressed you?
I have said several times here that many people read or research.
As a result they are driven by the views and understanding, and opinions of journalists just the minibus drivers drive tuma hiace minibuses, stopping anywhere they want.
This why M’membe was shining with his concocted opinions in his expired Post Newspaper, because for some people as long as it is written as news, it’s got to be true – so they think.
And when is she and her husband paying back the money?
I doubt very much that it is the judge. I think it is the ineptitude of LT as is usual. That stay as quoted is so ridiculous as to be erroneous even for layman.
Corruption including Judges. Zambia is finished.
Utuma lips tulemonekafye nselensele.
Kikikiki… tumalips!!!
@Divide,kikkkkkkk,
Mukashi wamunobe uyu, have some respect.
Educated people like Margaret Dudu ride on the raw instincts of poor uneducated voters, like Trump did. She does not provide leadership at all but is just an abuser of ignorant people. As for drilling the boreholes, I doubt that she has a drilling rig at her home for her to drill the boreholes herself. She assumed that the judge does not understand that agents or third parties can do all that, including beating up opponents, on her behalf. There’s no cure for stoopidity.
I dont understand this statement.”The Court however, said in its ruling that the election of Ms Mwanakatwe was not void and was duly elected, meaning she could continue operating as an MP.”
Let someone with a law background to explain this twist to me.
Such a poorly written article. Zambian journalism is abysmally poor.
Remember that all the failures in your Form 5 ended up as journalists. And then you don’t pay anything to read this nonsense. So please be compassionate!
Twisted metal …. Duly elected and yet case still on … yaba!
This Racist Woman, Margaret Mwanakatwe, has tarnished our country’s name irreparably and the least we can do is throw her in the dustbin.
Imagine, KK spent the whole of his lifetime preaching against Racism to other countries and now we have this Black Bi.tch puffing naked racism to the public – what a shame!! It doesn’t matter whether it is a white or black person practising racism – it is horrible and backward and has devastating effects on the victims!!
Who cares wherever her ancient umbilical cord was thrown – she is too old an arse to be even talking about it after 62 years. Who will attend to her when she goes begging money in Europe or USA – is it not the same white people she doesn’t like? Kaposeni!!
What is the difference between you and margaret? Your response is also categorised into hate speech. If i may ask you, what were the exact words Margaret used that led to racism? Was it like Muzungu wopusa or……
Margaret herself spent some years in France. She must have had a traumatic time from Le Pen’s National Front. Probably that’s why she wants foreigners not to participate in public affairs. As all racists say, “some of my best friends are – black, white, Mexican” etc
In another news media, the same judge is reported to have denied Hon Mwanakatwe a stay, and he has given what I can only consider UPNDonkey reasons, meaning no sense at all.
@Terrible we need intelligent conversations to be going on here. Your lack of it is spoiling this blog. Many wise people are going to stay away because of this drivel you tend to type here.
Let’s be all grown up and civil, you don’t need a degree for that. It’s not too late to teach your self civility
Please grow up. This is uncalled for. This kind of language does not show maturity.
@6 have you just woken up from a three year sleep? When Guy Scott was veep he used a few racist remarks.
@Terrible nio: I see personally see no sense debating with Uneducated, Bigoted, Rat and Caterpillar Ars.ewhores like you. We are talking about Margaret Mwanakatwe here NOT Guy Scott….and you haven’t even quoted your called “few racist remarks” which is NOT true AND don’t even exist!!
You are just a Namadzai, Toilet cleaner in Botswana – just put this sh.it in your mother’s pus.sey!! Your Dic.khead is too full of Rats and Caterpillars to think of sensible things!!
Both the writer of this article and the judge in question make no sense. Let me go another item LAZ.
LAZ were requested (instructed in favt) by the Concourt to discipline Martha Mushipe for disrespect (insulting) to the bench. LAZ disciplinary committee is entertaining all sort of excuses from Mushipe who has not even bothered yo exculpate herself. In other words Linda Kasonde and her chain of donkeys called LAZ are showing distespect to the bench. But when Amos Chanda says something about the same judges, LAZ calls it disrespect and threats to the judges. LAZ, you Donkeys what sort of double standards is this? Fools, you think we cannot see through you?
LT is trying to twist facts….
Judge Siavwapa said there was no way he could reverse his own judgment to stay an order that declared the election of Mrs. Mwanakatwe null and void. He said granting a stay in this situation was tantamount to reversing the court’s position on electoral irregularities in election petitions; that it would imply the election was not void but that she was duly elected and should continue as Member of Parliament.
@Independent, thanks for that clarification. Our journalists need to up their game.
@The Chosen One:
…………fair to say “LT journalists need to up their game”….because it is NOT all of our journalists who are that du.mb.
@chozen be reminded that there are no journalists on LT but only rumor mongers. These 1diots just hear stories cooking on the streets and using there fons they type and upload the fake story onto their web browser and post it as an article with attached photos. I don’t take all this rubbish on online media seriously. If you do good luck mate.
@HH Techilema No I don’t agree with you on that. These items are extracted from the National Media. Check out on Times of Zambia the story is basically copied from there.
Whenever UNPD Cadres gets shafted you tend to not accept the reality. That’s why in your own world in Dundumwezi Kingdom you’re convinced that Hakashide Humwine is the president and whatever he says is the truth.
Disgustingly Pathetic !
@Mokongo:
Why dont you put all of your sh.it into your grandmother’s pus.sey and then lick it!! You Rat and Caterpillar eating Cu.nt with a pri.khead have rotten brains!! Ar.sewhore!!
Rewrite the story for me please?
Let us wait and see
bane mind your language this is a public media which is accessed by different categories of people. bitterness will not help u in anyway. grow up Zambians politics are just politics. these insults u are showering on other people via social media will one day bounce back to u. surely, how about in the really sense are u normal people? anywhere it depends on how u were nurtured surely, u cant debate in a sober manner. what u should know is that bitter people do not succeed with their mission so your political parties will not achieve their missions coz Zambian people are watching, listening and are seeing whatever u do and are able to judge who is a leader and who is not.
Stop insulting the Judge. Insult the reporter who is misleading you. The poorly written report is not worth debating about unless your mental jimunastic is troubling you. As for Mwanakatwe this is the more reasons last elections were not based on merit but racism and tribalism. Thanks
UPND were crying when the same courts ruled against them saying they are biased, these same courts have now ruled for them are they still biased?
Let’s respect due process of the Law, let Ms Mwanakatwe have her day in court, if it means to appeal all the way to the Supreme court since this judge has denied the stay of judgement but allowed her to appeal to the Constitutional court. No need to insult judges as the Hungry Hyena and GBV are used to. One Zambia one Nation its only politics guys tomorrow we’ll meet in the market buying tu bowa!
But how did Siyavwapa find himself handling the same case he passed judgemnet on in a lower court?
I think @Peace for Zambia can interpret it for me he is one of the logical people I always find on the blog. Brothers and sister I don’t mean all others have not been helpful. You have been wonderfull.
True. So if mwanakatwe had been sentenced to death, it was going to be the same judge to execute her? I don’t understand, maybe Margaret had turned him down in the past.
When judgement is made, application to stay the judgement or to appeal is made to the same court.
So, even the same judge can grant stay once you have been give leave to appeal.
THIS JUDGE IS AN EMBARRASSMENT. PLEASE JUDICIAL SERVICE COMMISSION FIRE THIS LUNATIC
Apuu, Ms Mwanakatwe is very aethetically unpleasant to the eye. Just what the hell did John Mwanakatwe’s son think of when he proposed marriage to this ‘chinyau’.
@Peace for Zambia. You are using the word Applying instead of appeal. I thought you appeal and ask the appeals court to stay the earlier judgment and hear your facts now make a new ruling.
You mean you appeal by word of mouth?
Mrs Chikot failed to help her husband to bring about any tangible development worth mentioning. Forget about her and let Mwanakatwe work for her constituency. Time does not wait.
I am confused. Does anyone understand what’s happening, I mean not pretending to understand? Can we do away with all the judiciary for now and let cadres like Amos Chanda be running the show? At least we will know the outcome won’t be confusing
I would like to propose the dissolution of the ConCourt. In a country like Zambia we cannot afford such luxuries. The work being done by the ConCourt right now can easily be done by the Supreme Court. The ConCourt seems just to be hearing election petitions and already we have had High Courts decide on this. So what is the role of the ConCourt? I do not think Zambia needs a ConCourt. The Supreme court is adequate to do that work in cases of appeal. People will continue to remain frustrated with the ConCourt because its functionality is questionable. I propose a proper review of the judiciary. There is so much confusion in the legal fraternity, it is painful!