Ndola High Court Judge Edward Musona has refused to grant an application to stay his earlier judgement to nullify the election of Nkandu Luo as Member of Parliament for Munali Constituency.
Judge Musona threw out the application by the PF Munali constituency MP seeking to stay his decision until Luo’s appeal was exhausted.
On 26th November 2016, the Education Minister had her seat nullified claiming that she had undue advantage as a sitting Minister.
Musona also blamed the poor handling of the electoral process by ECZ when they didn’t make available the Gen 12 acquittal certificate.
Musona also blamed the violence in the constituency during the run-up to the elections.
The seat was nullified following the Electoral Petition by UPND’s Doreen Mwamba.
It remains unclear whether those whose seats have been nullified but have appealed ought to vacate their seats and offices.
The Constitution vaguely addresses this matter when it states that MPs whose seats are under legal challenge or appeal would remain so till the matter is exhausted.
But both Judge Mwiinde Siavwapa and Judge Musona have refused to stay their decisions despite the clause being brought to their attention and the notices of appeals.
The Constitution Court is expected to conclusively lay this matter to rest.
MPs whose seats have been nullified but continue to act as MPS and sit in Parliament include Sioma, Itezhi Itezhi, Lusaka Central and Munali.