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Wednesday, February 26, 2020

Nkandu Luo’s case stalled due to missing video evidence

General News Nkandu Luo's case stalled due to missing video evidence

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.

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18 COMMENTS

    • Another one can easily be downloaded from youtube. Just type in PF thugs hack UPND bus in mutendere and many videos will be available to watch This is known as web electionic media evidence. Its now admissable in the courts in the UK as long as its source is genuine and certified.

      Nkandu and Lungu have threatened the court officials to hide the video.

      Zambia under lungu is a mafia state.

  1. If this was a case against the opposition, there would have been 6 videos available “just in case”.
    The Cadre responsible for that video missing should be locked up, to deter other timewasting boneheaded brown envelope loving, ill qualifiedP.F cadres
    Zambia has now been rated the 6th most corrupt nation on the Planet, thanks to Ubomba Mwibala P.F.

  2. How does the court lose the principal element for the judgment to be passed? I smell a rat, koswe mumpoto has hard his field day already. This con court is turning into a kangaroo court full of circus. Imagine a video has gone missing at the court master’s office? You can only subvert people’s rights for so long, however justice will always prevail no matter how long it takes. This is a joke of the year. And we have a lawyer for a leader in this country? Is this not a paradox?

  3. What buffles me is why Musona was asked to review the tape, it’s like asking him to review his own judgement. If the ConCourt doubts the evidence submitted for review they would have just used other means to authenticate the evidence. Was the nullification anchored on the video evidence alone? This sounds like law engineering

  4. Why is the Constitutional Court the only court embroiled in controversies, one after another? You never hear of controversial issues at Supreme Court and Court of Appeal.

    I think we should stop calling the Constitutional Court the “ConCourt”. This is where the problem lies. It like this court is a court of CON MEN and CON WOMEN. Probably all these “connish” acts will come to an end. This court has really cheapened itself.

    I don’t quite really understand logic of sending the tape to the High Court. I thought once evidence is submitted in a lower court, then that evidence remains in the custody of the court, and transmitted to the higher court by the lower court? So each time the Supreme Court or Court of Appeal sits, then they should be sending evidence back to lower courts…

  5. If the video can go missing in the custody of the court, then where is the credibility and confidence of the Zambian.

  6. @10 Zambia in the sun: The Concourt has a point in asking the High court to verify authenticity of video because that has been disputed in concourt. Anyway we can almost guess where this case is going. It will be dismissed on technicalities.

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