Constitutional Court throws out five election petition appeals

Constitutional Court Judges
Constitutional Court Judges

Constitutional Court Judges
Constitutional Court Judges
THE Constitutional Court has upheld five election petition appeals among them Kasama Central and Nalikwanda constituencies after finding that the petitioners failed to prove allegations of electoral malpractices.

According to five judgements delivered today, the court upheld the decisions of High Court judges who found that Kasama Central PF member of parliament Kelvin Sampa, Nalikwanda UPND’s Professor Geoffrey Lungwangwa, UPND’s Gift Sialubalu of Sinazongwe, Elliot Kamondo of Mufumbwe and Rogers Mwewa who is PF Mwasabombwe member of parliament were validly elected.

In the Kasama Central parliamentary seat that was petitioned by UPND’s Sibongile Mwamba, Constitutional Court judge Mungeni Mulenga said the court did not fault the findings of the lower court which dismissed all the grounds, stating that Mwamba failed to prove that Sampa engaged in electoral practices during the August 2016 elections.

The court dismissed all the grounds advanced by Mwamba among them that the raid at her house was sanctioned by Sampa and also that he donated shoes in order to influence voters.

She said there was no evidence to show that the shoes were donated during the campaign period.
Judge Mulenga said there was no evidence to prove that the unfair and hate speech messages that were put on banners and flyers alleging that UPND president Hakainde Hichilema was a Satanist were orchestrated by Sampa or his agents to prevent the electorate to vote for Mwamba.

She said the allegation that Sampa distributed alcoholic beverages also failed because the evidence on the same was not corroborated.

“The appellant did little to establish that the first respondent distributed alcohol and therefore, we will not fault the findings of the trial judge,” judge Mulenga said.

She also dismissed all the grounds of appeal in the Nalikwanda petition appeal, saying they lacked merit.

Judge Mulenga said the Constitutional Court would not doubt the findings of the lower court as it had an opportunity to observe the demeanour of the witnesses and also the benefit of seeing the witnesses.

She said the court would not reverse the findings of facts based on the credibility of witnesses.

Judge Mulenga added that the ground that Prof Lungwangwa distributed K100s was not proved because there was no evidence to show that the member of parliament distributed the monies and they cannot fault the lower court’s finding.

And judge Margaret Munalula upheld the election of Mwewa after dismissing the grounds of appeal filed by Sunday Chitundu Maluba of the MMD for lack of merit.

Judge Munalula also dismissed the Sinazongwe appeal lodged by PF losing candidate Richwell Siamunene against Gift Sialubalu.

Meanwhile, judge Palan Mulonda threw out PF’s Steven Masumba’s appeal against Kamondo of the UPND for failure to prove the allegations of electoral malpractices.


    • If the ministers have to pay back the money it means they stayed in office illegally. If they stayed in office illegally it means they broke the law. So why can’t this be case part of the petition case against the 2016 elections?

  1. Steven Masumba and Richwell Siamunene back to ground zero…I hope you chaps invested your stolen loot…on top of that Richwell will certainly have to pay for illegally over staying on as Minister!!

  2. Look at the points raised by Sibongile Mwamba (GBM’s daughter)-amazing!!!which fo0lish judge can nulify an election based of those uses points?EVEN AT PRESIDENTIAL LEVEL-THOSE WERE THE WEAK POINTS UPND PRESENTED IN THEIR FAILED PETITION-KIKIKIKIKI!!!upnd think judges are dull like them-shocking!!!
    See you in 2021 guys!!!

  3. The truth is the opposition embarked on a campaign to discredit our institutions. But Zambia has made significant strides in democracy and governance. Even the passing of the Amendeded Constitution 2016 is a milestone. But a tribalist who lost for the fifth time was ready to sacrifice all that because he didn’t have his desires endorsed by the Zambian people. The judiciary is not perfect, but a good foundation for it’s independence has been set by the constitution. This is fairness, this is justice.

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