Lusaka High Court Judge Edward Musona on Monday failed to watch the controversial video in a case where Munali Member of Parliament Nkandu Luo has challenged the high court’s decision to nullify her seat.This is because the video was not available in court.
This prompted judge Musona to ask the parties involved as to the whereabout of the video.Lawyers representing the PF and UPND informed the court that the video is in the custody of the court master.It was at this point that Judge Musona ordered the registrar of the constitutional court, who is also director of court operations, to investigate the whereabout of the video.
In his ruling, Judge Musona said if the video failed to be produced in court because of some officers at the judiciary, action should be taken against them.Justice Musona said he does not want matters to delay in his court, before adjourning the matter to tomorrow.
In this matter, Judge Musona was ordered by the Constitutional Court in February 2018 to watch the disputed video and ascertain its authenticity.This is a case in which professor Luo challenged in the Constitutional Court the high court’s decision to nullify her seat.
Judge Musona had ruled in favour of UPND Munali losing candidate Doreen Mwamba, citing electoral malpractice and violence as the reason for his decision.