Munali petition: High Court to view video evidence

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Nkandu Luo
Nkandu Luo

The Constitutional Court has ordered that a video should be reviewed by the Lusaka High Court before it is presented to it in the matter in which Munali Member of Parliament Prof. Nkandu Luo has challenged the nullification of her parliamentary seat.

There is a dispute over the video evidence and the viewing of the video will help determine whether it was the one which was submitted before the Court when the petition was first heard.

Justice Enock Mulembe sitting with Justices Annie Sitali and Mulenga Mungeni told the parties that the court can not dismiss the petition entirely without taking into consideration the circumstances that surround the missing videos evidence.

According to Justice Mulembe, since the issue in dispute is centered on the missing evidence, it was of importance for the parties in the presence of the trial court to determine whether or not the video apparently presented during the appeal is the one that was presented during the original case heard in the high court.

He said the lower court should make its findings to the Concourt by or before 29th March 2018

Its from there that the constitutional Court will make a final decision on whether or not to dismiss the appeal or to uphold the earlier decision.

The respondent, UPND’s Doreen Mwamba had applied that the court dismisses the appeal by Nkandu Luo as the records of appeal was both defective and incomplete.

She also contended that the Concourt has no jurisdiction to review it’s own ruling of 5th July 2017 in which it directed that the video be viewed by both parties and in an event of a disagreement,the trial court to view and ascertain its authenticity.

But on 18th July,2017, the Concourt ruled that it will go ahead to hear the matter even when there was no agreement on the video by both parties as well as the lack of a report from the trial court.

The respondent however argued that the Concourt lacks jurisdiction to review its own decision of July 5th 2017 and cannot therefore go ahead to determine the appeal in the absence of the video evidence.

She therefore applied that the matter be dismissed on grounds that the appeal is defective and incomplete.

The Concourt has now ruled that the trial judge reviews the authenticity of the video before proceeding to hearing the case.

The nullification or upholding of the nullification is yet to be decided.

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16 COMMENTS

  1. Even if Prof.Nkandu Luo loses this case in the Concourt,UPND wont win a by election in Munali.i vote from there and know how strong PF is in Lusaka and Copperbelt urban.it will be another embarrassement for HH’s UPND during a by election and many innocent souls will be beaten due to heavy violence by both PF and UPND cadres before voting day!!
    This is the reason why the Concourt must just allow Hon.Luo to finish her term because this by election will be a waste of time and resources.The winner will still be a PF candidate 100%!!!

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    • In fact the main culprit is upAndOWN.Luo went to campaign rally held in Mtendere late because she was attacked and her vehicle destroyed.She even advised her team to be careful because the moronic party’s strategy was to cause confusions and use them against the winner. That was the reason they attacked non southerners so as to make The Northeners to react,but it failed.Look at what happened in Namwals,a candidate was attacked in broad light,but the results were not nalified.Our courts mwebantu!!!

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    • The last election result was really a close call for the Prof. It was the last minute campaign by Chishimba Kambwili that salvaged the Prof from losing. I am also in the same area.

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  2. PF already has a very strong candidate for Munali seat in Antonio Mwanza,a young man known by almost everyone in Munali,hence whatever shall happen to Hon.Nkandu Luo,PF will surely retain this seat!!GBM’s sister Mrs Mwamba lost with more than 35 000 votes in Munali.so even during a by election which could be during dry season,she will 100% lose!!WE ARE READY TO DEFEAT UPND ONCE MORE!!

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    • Just like your boss you have not read the constitution you signed with your eyes closed, antonyo is not eligible to stand.

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  3. Our courts are too slow! Election petitions should be fast-tracked. period. Possible three outcomes:
    1. The video evidence technicality drags petition indefinitely: Luo remains MP.
    2. Concourt overturns High court ruling: Luo remains MP.
    3. Concourt upholds High court ruling: By-election, PF wins again! Luo remains MP. They cannot afford a loss in Lusaka. Full stop.
    Anyway, it is good to have a logical conclusion to case for purposes of democracy.

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  4. NKANDU LUO GOT 37,935 VOTES WHILE YOUR UPND CANDIDATE GOT ONLY 24,628 VOTES IN THE 2016 POLLS IN MUNALI. THE PF CANDIDATE THUS WON BY 13,307 VOTES OVER THE UPND CANDIDATE. IN YOUR RIGHT SENSES, WHERE WILL YOU GET 13,307 VOTES TO BEAT THE PF CANDIDATE? YES SOME PERMUTATIONS CAN BE ALLOWED E.G THE APATHY ASSOCIATED WITH BY-ELECTIONS, THE PF MAY HAVE LOST SOME SUPPORTERS DUE TO SHAKY ECONOMY. BUT REMEMBER THE PF HAS MMD AND FDD SUPPORT. AND SOME UPND CADRES HAVE MIGRATED TO PF, THE BURNING OF CITY MARKET AND OTHER GOVERNMENT INSTALLATIONS BY SUSPECTED UPND CADRES WILL WORK AGAINST UPND. AT THE END OF THE DAY, PF WILL STILL WIN REGARDLESS OF WHAT CANDIDATE THEY FIELD. IN FACT I WOULD PREFER THAT THE ELECTION OF NKANDU LUO IS NULLIFIED SO THAT UPND CAN BE HUMBLED AGAIN BY THE PF. MAY BE, JUST…

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  5. Government could have tempered with the video evidence and render it inadmissible .This is why Luo and Mwanakatwe should both have stepped aside to pave way for a free fair dispensation of justice .The very fact that it is now two years since elections and Luo and Mwanakatwe are exercising their influence as Ministers is worrying. This is so because
    1. we have a court which has been warned before by Lazy Lungu not to copy what happened in Kenya .
    2.We do have a court which has a precedent of failing to implement its own judgement in the case of Lazy Lungu and his wank8rs overstaying in government and drawing up wages from tax payers illegally .

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  6. The petitioner please present that video so that, that woman is removed from that seat.Pro.Luo, I think will be more useful at organizations such as World Health Organization. A learned woman dressing in that way when she knew she was going to meet a big number of people in the presence of her royal highness!! Is it too much education that is driving her to do those things? An old woman with grandchildren!!

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  7. That video is more than enough to prosecute barbaric PF in the future, attacking other humans like that is despicable. Luo has become too arrogant and selfish if she continues PF is going to lose more support with her bad attitude and criminal activities

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