Prof. Nkandu Luo (c)

The Constitutional Court has declared Professor Nkandu Luo dully elected Munali parliamentary Constituency Member of Parliament after finding that the High court erred in law and in facts in its findings that led to it’s nullification of the seat earlier in 2016.

Judge Enock Mulembe who read the judgment on behalf of the full bench said the decision to nullify the election was made without considering the evidence which was submitted before it.

Judge Mulembe said court evidence must support the pleadings and added that the respondent (Doreen Mwamba) failed to provide evidence to prove the allegation that illegal practices affected the election results.

He said it is not factually right to assume that none provision of the G.12 forms could have affected the outcome of the election and could therefore not be the reason for nullifying an elections.

“The trial judge erred when he based his decision to nullifying an election on a witness who was not credible. The evidence which was submitted was in conflicts.The petitioner needed to prove the allegation of misconduct on the party of the appellant.”Judge Mulemba said.

He said the incident cited as the reason for nullification was not wide spread saying this was infact the only incidence that was recorded hence setting aside the finding of the lower court.

The Concourt further held that the Trial court misdirected itself in the stand of proof in an election petition as there was no need for the court to shift the burden of proof to the appellant (Nkandu Luo) as this violated the laws set in various election petitions.

High Court Edward Musona in 2016 nulliffied the election of Nkandu Luo as Munali MP when he found that the election was marred with violence thus disadvantaging the petitioner Doreen Mwamba of the UPND.

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57 COMMENTS

    • I ask now ask Hachi Hakala (HH) how a did a dirty drunkard from the the pit latrines in Chawama influence the 4 months “lock up” of a rich and wealthy man who thought he was more intelligent than President Sata?

      How could the same dirty drunkard be loved by so many in the nation? How could the whole nation vote for him in 2015, 2016?
      Learn humility Akainde

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    • He said the incident cited as the reason for nullification was not wide spread saying this was infact the only incidence that was recorded hence setting aside the finding of the lower court.

      In short the we can simply say even the zaffico riots were not wide spread ,in fact it was only in one or two compounds and did not pose any harm to the nation, lets move on.

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    • and i always wonder why you are the first to comment on anything not in favour of upnd,get a life mate…what justice are you talking about,it had to take two years plus to come to that conclusion?

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    • Hello….- the same was said about Maggie’s case that volience was not widespread from this we can conclude that the High Courts have more brains than this outfit of criminals called Concourt. ..whatever happened to that video evidence.

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    • Some high court and supreme court judges am able to recall their names from way back and have them preside on very serious cases but these constitutional Court judges awe mazina niyachilendo to me.can i get a witness to testify.

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    • Case closed. Next let add in the constitution something similar to 14 day for the presidency, like 6 months so that these things don’t drag on & bore us. Losers should accept loss.

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    • In short these cl0wns are telling us it’s ok for cadres to violently beat opponents, stone their buses, block opposition voters from voting center as long as there’s no evidence that the candidate instigated it. So results no longer need provision of the G.12 forms. That’s what they’re telling us

      Next this joke of a Kangaroo Court will declare Lungu’s illegal 3rd term legal.

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    • FAKE HIGH COURT RULINGS PUFFED UP THE GROUPING, GIVING ONE LEADER ENOUGH ENERGY TO GO ON ROAD RAGE WITH THE NUMBER 1 MOTORCADE.
      Indeed, justice saved. Works of overzealous judges. Compromised individuals. Profession denters. Cultic supporters. Sick puppies. Unpatriotic goons.

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    • The court is 100% OK. UPND cannot win in Lusaka. Let the losing candidate stand in Monze in 2021. Even if there was a bye election they would still lose. Thanks Concourt for being objective.

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  1. “The trial judge erred when he based his decision to nullifying an election on a witness who was not credible.”

    Even Hachi Hakala was not a credible petitioner in the 2016 election.

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  2. Wapya munzi, wasted resources again by the losing candidate, now go and get the bills from your lawyers….lawyer temunobe!!!!Naya inee…..

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  3. Respect the court , the litigants and their lawyers…. No need to be insolent…..Today you win tomorrow you lose…..If you insult UPND, you also insult the High Court Judge also…. Now you see that insults are so pervasive…..
    Learn to be sober whether you adore President Lungu or not. Respect is cardinal since you go the Day of national Prayer with President Lungu…. I can forgive if you tell me that you are instructed by President Lungu to insult……for your information courts and lawyers are respected to Divorcing parties in their litigations.
    GOD BLESS YOU AND YOUR FAMILY…. we are a HOLY NATION….

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    • They are supposed to be cited for contempt of court for failure to pay back. Ndipo these Ministers and their President will be the most miserable after leaving office. So many wrongs have been committed in daylight

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  4. Compatriots as law abiding citizens I call on you as party members to accept the decision of the court. Some will not be happy but am sure the legal minds have spoken. For now its to plan for tomorrow and think what next?

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  5. These fools at ConCourt should be the first to lose their jobs when and not if HH takes over this country. There will need to suspend their practising licences then they will know who Jesus is! ConCourt is a waste of money as the current Judges are rust and not fit to be called Honourable!
    Honesty, how can a learned person ignore those *****s who stoned a bus in broad daylight! No wonder, the Law is an arse!

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  6. Another one saved by Lungu’s Concourt appointees/ former classmates …this case was lost. The opposition and NGOs need to be smart and sort out our governance forget about taking cases to Concourt ..Zambia is not Kenya or RSA.

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    • Lazy bum tribal illiterate fuu hooligan bully MAPATIZYA FORMULA son of a polygamist father who never taught him toilet training pooping in public HAGAIN needing cynical MUTINTA HICHILEMA and CHARMAINE HICHILEMA to clean his diapers HAGAIN. The little boy has no clue that it is UNELECTABLE.

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  7. This is the most useless court established not to protect the small guy but the bigger guys. I don’t know why cadres are celebrating this ruling and a court who sore purpose is to save only the few in government and ignore the plight of millions of its citizens. This court is also encouraging a lot of irregularities and a mockery to our judicial system. Next, they will be qualifying Lungu for a third term even when our constitution clearly states he cannot since he was elected twice

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    • The Message is now very clear. As long as ECL is in Power there is nobody, Opposition Parties included will ever win a Case against the State. The entire Judiciary and especially Concourt is 100% State Captured by ECL. On this basis Concourt will Rule in favour of ECL’s Third Term Bid. Therefore ECL will contest 2021 Election and rig it thoroughly in his favour. Any Presidential Petition against ECL’s rigged Win will be dismissed by his Friends at Concourt. The writing is on the Wall.

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    • This is the most useress TRIBAL H-ORGANISATION to ever appear in Zambia in the name of a “political party!”

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  8. No need for bitterness. …you didn’t complain when PF lost all petitions against Upnd in Southern Province. The same reason of not credible witnesses were given. You said nothing. Just go back to the drawing board and get rid of that bitter hatred.

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    • @ndanje you are dealing with kids here. They are not called under5s for nothing. They are not even ashamed of posting many useless comments which are totally childish. Imagine jayjay doesn’t even know how concourt judges are appointed. Kikik

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  9. That’s why I sometimes say law is a fool. The High Court nullifies the election, only for the Con Court to rule otherwise, making the High Court judges look incompetent. Meaning, the High Court’s ruling was not based on actual facts, I find this unbelievable. In my own opinion, I would trust more the judgement of the High Court judges than the Con Court judges. If there was another judicial way to appeal against the Con Court’s ruling, I am sure they would also be found wanting and their decisions overturned at the same time upholding the ruling of the High Court judges. What a circus or circle of life!

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  10. THE FACT IS THAT UPND CAN NOT WIN IN LUSAKA.
    THESE PETITIONS OF MUNALI AND LUSAKA CENTRAL WAS JUST A WORST OF TIME BY THE UPND.
    NOW IT IS TIME TO DANCE PELETE BECAUSE LAWYER TEMUNOBE. SOME WILL LOOSE PROPERTY OR SUED FOR FAILING SETTLING LEGAL FEES.
    THE PETITIONERS WANTED TO APPEASE HAKAINDE FOR NOTHING.

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    • Born in 2000 , Lusaka is ever changing colors, after unip Lusaka was mmd, then FDD/UPND,now pf ,no body knows Lusaka’s next move.

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  11. This was expected. After Amos and Lungu threatening the out of the same cases that they would reorganise the courts in the Kenyan way.
    So get prepared in 2021 because if cadres beat you the court will rule that it was not wide spread and was just a small beating. STOP EVEN WASTING YOUR TIME TO GO TO THESE COURTS ESPECIALLY THE CONSTITUTION COURT.
    Next is Lungu’s case of ELIGIBILITY to stand in 2021. This case will also NOT go anywhere if the ruling can be like this for his juniors what about the big boss himself?

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  12. We can now move on to development, politicking is tiring and annoying. Next time opposition present a Candidate that is credible and electable. Not someone that is related to GBM and thinks they deserve to be an MP due to name recognition. Kikikiki.

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  13. Good judges i see no reason why to nullify on this bases if really this went against luo i would have asked the judges to nullify especially all southern seats because this is were real intimidation was and am the witness to this contrats luo

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  14. Next time there’s an election petition, it’s better to take it to the Small Claims Court maybe it’ll be handled differently. This looks like a mockery, what about the violence that we witnessed in Mutendere? What will stop these thugs from doing what they did and more?

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  15. Concourt is a Poisoned Chalice for UNDP or any Opposition Party for that matter. ECL has captured the Judiciary and there is no Court in Zambia especially Concourt, which can Rule against ECL and PF. To rig the 2021 Election ECL will leave ECZ, ZPS, Concourt intact to rig the Election in his favour again. With ECL at the helm Zambian Constitutional Democracy is in a Crisis.Time will tell.

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  16. Jay Gay, trib.al die hard.
    Prof Nkandu Luo, congratulations. Just ignore this trib.al misfit.
    Also two by elections averted within one week-
    ConCourt hip hip hooray!!

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  17. “High Court Edward Musona in 2016 nulliffied the election of Nkandu Luo as Munali MP when he found that the election was marred with violence thus disadvantaging the petitioner Doreen Mwamba of the UPND”.

    If I commit an offence please don’t give me this judge. Or else I will contest in the ConCourt!

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  18. The problem is that HIGHT COURT is made of 95% UPND stooges. Judicial system in high court is the one MISLEADING UPND in so many ways. It’s too much in to UPND based on tribal politics.No wonder HH can even think that if con-court is dismissing his court claims, he can bring it high court because he knows that there are so many Tongas, lozis,ka lubales who are staunch UPND. No wonder ECL played with their psych class by creating CON-COURT of which on league with high court. EVIL people ( upnd) should fail.

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  19. Kudos!!! Are you sure people voted for ECL in 2015 and 2016? Sometimes it is better to say the truth.ECL got over 8,000 votes in a non existence constituency.Please tell the truth

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  20. Mr P why bring tribal? Deal on facts! Has con court ever ruled in favor of opposition? It can not always being the opposition on losing side….

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