Luo suffers setback on her seat nullification as Judge refuses to grant stay of execution

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Nkandu Luo
Nkandu Luo
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.

57 COMMENTS

  1. +6
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    Too bad for grandma. I’m sure she can’t even win back the seat in case of a bye election. Go well mum.

    • +17
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      Why on earth isn’t the president at least the very least withdrawing her ministerial position.

      It’s the norm in any normal first world country. There are tenets of which form part of democracy that you abide by as the leader of the ship.

      I can’t trust a Zambian born and educated person.

      She is my Aunty but she is trying it on not because it is the right thing to do but because she can.

      Thanks

      BB2014

    • +10
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      The lipstick that went wrong photo is back and this time associated with further woes. Madam give it a rest no one wants you even ECL won’t come to your rescue. You are dead meat!

    • +4
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      I will put in a petition, kikiki, LT must have ringed via ECZ, best blogger must have gone to Jay Jay and the most irritating blogger is no doubt chi colour Kudos!!

      Mushota did nothing this year to get away with anything.

    • +5
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      @[email protected],
      Did you vote for Jay Jay then, or are you like the other who dont use their rights and when things turn around than they expected, they are suprised.

      I voted for Jay Jay, had you done so he could have won.

    • +3
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      Jay jay has no message. Mushota is better even chosen one, wanzelu, engineer and mmd bootlicker or even saulosi better than jay. Jay jay tapaba message

    • +5
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      vote

      Mushota is untouchable. She can do whatever she wants on LT and in all spheres of life any time. She can be stupi.dy and very good and intelligent at the same time. She can like PF and love UPND and the same time. She can adore ECL and admire GBM at the same time. Mushota is holier than thou. LT would have stopped being exciting and ended its existence if Mushota was to leave because all bloggers would have drifted to where Mushota would have moved to, and you are sitting there probably standing there or even kneeling there criticising her. But then again they said PF was going to disappear into oblivion without SATA,

    • vote

      Ba LT Each time I identify myself with the word “Horseshoe” Iam blocked on your site. Are you conniving with Horseshoe Restuarant to bar our campaign against racist restaurant owners? You havent been hacked we can see so it must be something you are doing you yourself LT to block this campaign

    • vote

      This post above proves it. When I change to hossshu your software misses me and I can post. You are conniving with racists!

  2. +5
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    What a vague constitution we have a seat is nullified an MP still continues to enjoy in Parliament Motel.

    • +3
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      It is indeed very shameful. A seat is nullified and the losing MP continues to enjoy all the privileges enjoyed by sitting MPs and no one is talking about it, it is business as usual! Lungu and PF in general have no respect for the rule of law and this is the more reason why this man must be forced out using primitive ways because himself and his kind behave in very primitive ways.

  3. +1
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    Anyway, It’s most shameful that someone as ugly as Nkandu Luo can in any situation be a people’s representative. Aesthetically, she hasn’t as yet evolved to homosapien or modern man as we know it, her ways and looks are stinkingly primitive! Zwaaaa mukalani tuwe!

  4. vote

    This thing is way too obvious, if there is a provision to remain as MP without a stay during an appeal process, Nkandu would not have bothered to incur costs that are not necessary. With the judge’s refusal to grant a stay, Nkandu should pack up and leg off to kwaNabwalya! Ba Mnwacusa imwe mwatusabila pe!

  5. +4
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    Luo and Mwanakatwe should cease to illegally perform Ministerial duties until Concourt rules otherwise. Meantime the Appointing Authority( Edward) should advise these two Ministers to stop forthwith performing their duties illegally. These MPs have been heard by the High Court and are going to be heard by Concourt on Appeal. If Concourt can hear these MP Appeals why didn’t it hear the Presidential Petitioners? On what basis will the High Court refuse to hear HH & GBM when the Court is administering the Bill of Rights? Surely the MPs have a Right to be heard by the High Court and Presidential Candidates by both Courts. The UPND Presidential Petition must be heard without fail. Edward must stop blocking the Hearing of this Petition as a matter of urgency. Period.

    • +2
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      Edward is just creating an environment of thieving, Lou & Mwanakatwe are not sure how all this will pan out, so they will try by all means to line their pockets between now and the time they vacate the offices.

      By the way Mwanakatwe how did that boy who was either you PA or tom boy or both purchase the bank building when you were at the helm? People we entrust power with – My foot!!

  6. +1
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    Ngombala, whatever you are bitch or dog ,what makes feel that you beautiful or handsome. Look at yourself carefully or post a photo of yourself we describe you.

  7. +7
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    What a barbaric country this is… how on earth does an MP whose election has been nullified continue to be an MP? This defies even logic and common sense. How is this even vague?

    She has been stripped of her MP, as her elections have been found to be null and void, thus legally, ethically, morally and logically she is not an MP and she shouldn’t continue performing those duties of an MP… the appeal is merely for her to get win back her position as an MP.

    This is indeed a failed state, as law continue to be abused by those in power and law enforcement is nonexistent. What a shame!

    • vote

      This is too much now….there is no rule of law and worse still is to see this President enjoying eating mangos….kwati ni kindergarten child in public ali ndwi not doing anything about Luo and Mwanakatwe’s illegal occupation of their respective ministerial offices. Please guys where are we heading to as a country. Surely Zambians are better than this. We shouldn’t let anyone rule and government in this way. This is totally ridiculous and highly hypocritical on the part of ECL. He needs to be impeached.

  8. +1
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    .On 26th November 2016, the Education Minister had her seat nullified claiming that she had undue advantage as a sitting Minister…..then all those who remained in da office illegally must have their seats nullified….

  9. +1
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    I see that ********** are no longer tribal since GBM was appointed their vice president. To prove the point they have even changed their chuundu names on LT to names like Mwale, Mulenga etc. Kikikiki..I wish it was that easy to cleanse yourself of your inborn tribalism! But these guys just can’t, look at Canissius Banda, when he was their vice president all was quiet but the moment he is not with them ati mice eaters from eastern, and insult anyone with a mice sounding name, especially Judge Chulu, Banda etc etc. All bembas were monkeys in a maize field, come GBM as their veep they have simply kept quiet but not apologised, waiting for him to go then the bembas become monkeys again! So simplistic and silly, like donkeys!

  10. +1
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    According to LT the constitution “vaguely” addresses the issue of nullified parliamentary seats when it states “MPs whose seats are under legal challenge or appeal would remain so till the matter is exhausted”.
    So what is vague about this? To an intelligent person like me or even a person with average IQ it’s as clear as daylight, unless of course you are a UPNDonkey who do not know what 14 days in a petition means even though their average IQ is sufficient for them to know and they actually rushed to.meet the 7 days deadline to file their president petition. Its really a curse that Zambia among all African states including DRC and Gambia can have a party called **********.

  11. +1
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    Nkandu Luo and Mwanakatwe remain MPs and Ministers as long as they have appealed. That is what the constitution says. It is neither here nor there whether they ignorantly sought a stay or not. I am sure even lawyers of average IQ like professor Hansungule would agree with me for once.

    • +3
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      Wembwa we Professor Hansungule is a respected lawyer and above criticism especially by people like you who are way outside the human IQ range. I agree you are rascal

    • +1
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      I doubt if you have any IQ in you. When you nullify, it means what you have nullified ceases to exesist period. If thats your understanding of the clauses you have cited, then why push for a stay?

  12. +5
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    If someone petitions the seat, the MP remains, but when trials in high court is heard and nullified, the seat is vacant forthwith.
    When you appeal, it does not automatically invalidate the judgement of the high court (it does not act as a stay of execution). The appeal to concourt if successful only reinstates the MP.

    The only problem is people who should implement court judgements.

  13. +3
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    If there’s any Zambian out there who believes that the current crop of (leaders) and their defective system is able to take the nation to prosperity, I would like to examine their mental faculties. The way things are not supposed to be done that’s how these people lead their govt. Just the levels of stup!dity in the way these people manage even straightforward issues really baffles the mind. What’s so complicated about obeying a simple constitutional directive?

  14. +2
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    Well,,Lungu didn’t handover power in the face of the petition. He set a precedence. Every one is now not obeying the constitution and court rulings as long as they are in gvt.
    The lacunas in the constitution must be blamed on mvunga. He gave us a poorly drafted document. MPs should remove problematic clauses for the smooth running of the nation.
    Lungu must be impeached for failing to uphold the constitution when he refused to handover power. He broke the oath he swore when ascending to the presidency.

  15. +1
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    it will be a nice battle to see if lungu is still popular in lusaka despite removing kambwili from position, removing subsidy from fuel, increasing electricity tariff,planing to sell zesco, zamtel, building society etc.If pf wins this pending by election that will give lungu confidence to implement all this pending projects. I hope the con-court will make judgement in time

  16. +1
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    The High Court so far has handled the MPs Petitions very well and professionally. We have not heard of an Application being blocked from being heard on account of time expiry at the High Court like it happened in the Notorious Concourt? How come No MP Petition was not heard and dismissed on account of time expiry? Concourt should learn from the High Court on how to handle Petitions.The Presidential Petition should be heard without fail.

  17. +1
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    @Kelvin.i live and vote in munali.get it from me,in case of a by election in Munali,PF will 100% retain the seat.i vote there and people urge each other on the queue “ati ni pa Maka fye-PF”.Look,there are a lot of northerners and easterners in Lusaka and in areas like Munali.Zambian politics have gone tribal.more than 80% of those from the east and north are pro PF while more than 90% of those from the south,west and n/west are pro upnd.sadly those pro PF are more than those pro upnd in Zambia.if miles sampa,mulenga sata,guy scott,etc failed to kill PF,who is Kambwili to achieve that?our economy has been bad since 2014 but people still voted for PF in 2015 and 2016!!yes,upnd will make noise before voting day like in chawama in 2015,but ECZ will declare PF as a winner in munali and…

  18. +2
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    @12.2 analyser, if “prof” Hansungule did not think with his chuundu tribe and instead applied what you say is his high IQ then I would respect him and his professorship. Otherwise awe mukwai, bali ibwesha panshi pali bu chuundu. No different from a UPND****** cadre. Ask him his professional opinion on the recent UPNDonkey riots at the high court and you will see what I mean. I am open to surprises though, so tell him to surprise me for once. Otherwise his chuundu opinion is well documented and therefore predictable.

  19. +1
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    Both judges Musona and Siavwape are UPND carders because they feed from HH’S UPND pockets. Even their conversations on phones obviosly tells that they are no doubt UPND carders. Both are working to undermine Lungu’s efforts. Please, we need professional judges who will not take sides in these petitional matters. Look at their names and gues where they hail from? Tribalism iliswiike mu Zambia!

  20. +2
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    @13 Joseph, “MPs whose seats are under legal challenge or appeal remain so until the matter is exhausted” is what we are debating. There are two parts to this statement, the first part is closed and settled as the seats have been nullified. In the second part as soon as there is an appeal before the courts, the first part is not applicable until the appeal fails. The court of appeal does not have to re-nullify the seat, all they have to do is pronounce that the appeal has failed and off to the streets go the MPs. Lets debate facts and on the correct context.

  21. +2
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    @18 Mwando, lets be factual and where we are not sure because we have missed one or two post elections events, we can either research or ask others. One or two of the parliamentary election petitions by UPND losing candidates were thrown out by the High court because of failure by the petitioners to file arguments in the stipulated time. The petitions were filed in time yes but arguments by the petitioners lawyers were late and so the petitions thrown out. I cannot remember off hand which cases but I m pretty certain one of the petitioners lawyers was Martha Mushipe or another UPND lawyer, ask Mushipe she will say something for me. Neither the lawyers nor the petitioners not even UPND itself complained. It actually surprised me considering the spirited noise about the 14 days in the HH…

  22. +1
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    Contd…. It actually surprised me considering the spirited noise ans even riots about the 14 days in the HH petition. If you see my previous arguments on various matters on HHs petition this is the reason why I keep saying that I don’t understand the reasoning of **********. In the MP cases that I have mentioned the opposition UPND has no issue with the time limit of arguments in a successfully filed petition, but in the HH petition the other opposition party the ********** has a big problem leading to riots. I mean there has to be two opposition chuundu parties if the matter of HH has to be seen logically and sensibly.

  23. 0
    -1
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    Tonga judges think with tribe…..how does mwanakatwe get the discredit on behalf of Zp olo Ecz. Chuundu thinking

  24. +1
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    As they say the fish rots from the Head downwards. Edward is a perpetual Law Breaker and there is no way he can tell his Ministers to obey the law.Edward kept the Ministers in their posts illegally after Parliament was dissolved in February 2016 and now he is keeping Luo and Mwanakatwe in their Ministerial posts even though they have been disqualified to be MPs by the Court. Edward broke the law when he refused to handover power during the Petition Hearing and Concourt up to now has not made a Ruling on that Court Application. In a normal Democracy Edward should have been impeached becoz he has broken his Oath several times and is in power illegally having stolen recent election victory from HH. Edward continues to break the Law with impunity and committing Treason in the process. Copying…

  25. 0
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    @27 Mundia, treason is punishable by life imprisonment in Zambia. Unfortunately, unlike what ********** think, cheered on by GBM HH is well on the way into the noose and he is unstoppable now. Since you have refused a convention brace for president Bwalya Mwamba, the very monkey in a maize field that you loathed so much just a few months ago. And how do you think you will stop that? Call a convention which you have refused? Take it from me, after the latest “collapse” of his petition and GBM firmly pushing him, the political path for HH is clear as daylight – prison clothes for the rest of his life. Even Prof Hansulemuka will only say “we will see what we can do but you should have consulted me young man, there is no legal way out of this overwhelming evidence”.

    • +1
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      Dear Terrible PF00L, it’s Lungu who has committed treason on 3 separate occasions in the last 2 years: 1. Disclosing Cabinet proceedings to Newton Ng’uni in Lungu’s attempt to unseat Guy Scott from Acting President. 2. Allowing Ministers to continue after Parliament was dissolved. 3. Not handing over to the Speaker when a petition was raised against his supposed election. 1 and 2 have been proven in court already. Lungu should be lucky to die in State House. Otherwise, these cases will follow him until he goes to prison, however old he will be. That’s real treason for you.

  26. 0
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    Okay just a correction, you can beg and be granted an amnesty from the very man that you loathe, yes the one whom you told your MPs to loathe too. After a year in prison clothes, we all will do the most embarrassing things, willingly and happily. Dont cheat yourselves, there will ever be only one Mandela, the rest of us are porridge, especially if you came from the boardroom. Just ask a guy called Chuundu Matambo on 0922777785, no relation to Elisha Matambo of UPND.

  27. vote

    (6) Any vacancy arising, otherwise than under clause (2),
    shall be filled by the next candidate on the political party list of that
    political party.
    (7) A member of the National Assembly whose election is
    petitioned shall hold the seat pending the determination of the
    petition or matter.
    (8) Where

  28. vote

    @9 you are only guilty when the Court says so, as it is Luo and Mwanakatwe are still Ministers until the last Court (Supreme) rules otherwise since they have appealed.

  29. vote

    Why apply for the stay of execution when the constitution allows you to stay and why refuse to authorize the stay when the constitution automatically does that. It seems our learned Judges and Lawyers have not thoroughly read our precious book called the constitution. That is why we are facing problems with HH & GBM over the petition it seems no one is able to interpret to them what within 14 days means. If Judges and Lawyers can be so dull how are we going to develop, one case is taking them one year to solve by contradicting themselves.

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