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Constitutional Court dismisses Mwenya Musenge’s appeal case after losing to an Independent Candidate in 2016 Elections

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National Democratic Congress -NDC- Secretary General Mwenya Musenge
National Democratic Congress Secretary General Mwenya Musenge

National Democratic Congress (NDC) Secretary General Mwenya Musenge has lost his Electoral Petition Appeal in the Constitutional Court. Mr. Musenge had contested the Kitwe High Court’s judgement of November 23, 2016 that upheld the election of Mwila Mutale as Chimwemwe Constituency Independent member of parliament.

He consequently appealed to the Constitutional Court.

Mr. Musenge who had contested the Chimwemwe Parliamentary elections in the 2016 General polls on the Patriotic Front (PF) ticket filed four grounds of appeal.

Among the grounds of appeal were that the court below erred in law by holding that he had failed to prove allegations against the respondent to the high degree of clarity.

He had alleged that Mr. Mutale and his campaign team were masquerading as PF members and violence characterised his campaign exercise.

But the constitutional Court has upheld the Kitwe High Court’s Judgement and dismissed Mr. Musenge’s appeal saying it lacks merit.

Four Constitutional Court Judges presided over the matter.

These are Constitutional Court President Hilda Chibomba and Judges Annie Sitali, Mungeni Mulenga, Enoch Mulembe and Palan Mulonda.

18 COMMENTS

  1. If ECL was as smart as FTJ (MHSRIP), to divide NDC, he would have approached Mwenya Musenge with a post in PF.

    • Truth Hates – Why dont you go and ask PF’s big gun SG Davis Mwila about the Chipili seat…and when you ask make sure you are asking at a distance as he will bombard you with insults you have never heard of.

    • Jay Jay that is so true, Davis Mwila was put in that position to appease Luapula voters, he too lost to an independent.

    • Lazy bum illiterated UPND TONGA cadre hooligan bully tribal son of a polygamous father who never taught him toilet training pooping in public HAGAIN needing cynical tattoo-clad MUTINTA HICHILEMA, BoSpakata and UNDER FIVE to change his diapers HAGAIN. The Money launder tribal queen is UNELECTABLE. Too dull to be a president.

  2. Shame on Mwenya Musenge. I think he is nothing in politics, how can you lose to an independent? Please just keep quiet man.

    • Truth Hates – Why dont you go and ask PF’s big gun SG Davis Mwila about the Chipili seat…and when you ask make sure you are asking at a distance as he will bombard you with insults you have never heard of.

  3. People of chimwemwe rejected musenge because he was not available to help voters,especially on social amenities.He thought he was smart enough by not working with the grassroots supporters.Voters want development in their respective areas.Good that CK won in loan.

  4. What next ba Musenge? From MMD to UPND to PF and now NDC? 4 political parties in one’s life time. Eish! Look at KK, still UNIP although he retired, so is Mr Grey Zulu. Now ba Musenge, what is in your mind right now? My advice: Quit politics and retire now. Maybe you can still take some dignity to your grave.

  5. If he was still with the PF he would have had judgement in his favour but now that he is against the PF the pro PF concourt can never allow him that chance. They would rather keep the independent just to reach him a lesson for leaving PF.

  6. I wont encourage my son to be a judge or lawyer. It’s a useless profession only used by politicians for their interests. Law is like journalism in ZAMBIA Full of COWARDS Who do not know what they are supposed to do in their careers

  7. Mwenya Musenge had alleged that Mr. Mutale and his campaign team were masquerading as PF members and violence characterised his campaign exercise. If he had won the case what he was going to be PF or NDC. So in court he was PF and out side he was NDC.

  8. Mwila mutale won fairly. He was using an umbrella for his symbol not a boat. I wonder why Musenge went as far as Con. Court with his tears. I thing his lawyers must be sanctioned by court or LAZ for not giving proper legal conservation to the him . Lawyers should not just be interest in money but also look at the merits in the case and advice accordingly to avoid lose of money which he could have used to support his family. Politicians are like children, when they loose election, their judgement is affected and they don’t reason properly hence the need for honest lawyers. An honest lawyer would have told him, : sir these case has no chance at appeals court” and if he insisted a PRINCIPLED lawyer with rows from represent an unreasonable client.

  9. Since he’s already formed his own party one would have thought that Musenge had given up on PF. No principles.

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