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Sunday, November 21, 2021

Joseph Malanji to appeal the nullification of his election as MP

Feature Politics Joseph Malanji to appeal the nullification of his election as MP

KWACHA CONSTITUENCY Member of Parliament Hon Joseph Malanji says the nullification of his seat is a temporal setback as he has instructed his legal team to appeal the High Court ruling.

Hon Malanji says he possesses the grade 12 Certificate as there is no way he would have successfully filed in nominations and contested the Parliamentary seat if he did not have it.

He said in an interview yesterday that the Court was categorical that the Electoral Commission of Zambia was in conformity with the electoral process.

“It’s unfortunate that we have to come to a level where we are right now. The Court has errored because it was very categorical that the Electoral Commission of Zambia was in conformity with the electoral process,” he said.

“And when we were in Court we had already passed the stage of eligibility. 14 days from filling in of nomination is the period allocated to address the issue of eligibility so how does it arise at this stage.”

Hon Malanji, alias Bonanza, said it was within the Court’s discretion to subpoena the Examination Council of Zambia and or the Electoral Commission of Zambia for validation.

“Am just coming from the Examination Council of Zambia to make sure that the documents availed to the Court are fresh as opposed to the ones I certified prior to the elections” he said.

“It is very unfortunate that we have to go through this part because the matter in Court was not about eligibility. It was about the alleged violence during the elections and not about eligibility.”

He charged that the question of the grade 12 Certificate only arose on the last day when winding up proceedings and he did not have a chance to get back to Lusaka to get his qualifications.

Yesterday Mr Malanji lost his Kwacha seat following the nullification of his election by Lusaka High Court Judge, Kazimbe Chenda observed that Mr. Malanji did not qualify to contest the Kwacha seat because he does not have a grade 12 Certificate as a minimum qualification.

Losing UPND candidate Charles Mulenga had petitioned against Mr. Malanji citing three grounds of electoral malpractice. Mr. Mulenga further contended that Mr. Malanji has no minimum academic qualifications to stand as a member of parliament as required by the law.

Delivering the ruling Judge Chenda dismissed Mr. Mulenga’s two grounds relating to malpractice on account of lack of merit.

Judge Chenda has however upheld Mr. Mulenga’s third ground that Mr. Malanji has no minimum qualification to contest parliamentary elections pursuant to article 70 sub-article one clause “D” of the constitution.

In another case, Judge Chenda has upheld the election of Tasila Lungu Mwansa as Chawama Member of Parliament. Judge Chenda ruled that Ms Mwansa was duly elected.

Ms. Mwansa was petitioned by UPND Chawama losing candidate Potipher Tembo. Other seats whose elections have been upheld are Matero and Mandevu.

35 COMMENTS

  1. Its a waste of time appealing to the Concourt they have no time limit to pass judgement unlike the High Court which has 90 days from nullification date according to Dickson Jere…just look at how long the Munali seat nullification appeal by the opposition respondent took for against Luo she even had the time to temper with the evidence…Concourt took almost 3 years can you imagine if they upheld the nullification was Luo going to refund all the ministerial salaries and allowances. We need time limits in Concourt….I mean what do those Judges do from Monday to Friday?

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  2. I can do better than this judge on this matter. I have 2 questions to ask. Did the judge give chance to the defendant to prove he had a certificate or not? Was the defendant notified in time about his case?
    The other thing, I find the grade 12 certificate as a minimum qualification as insult, there so many wise, hard working men and women with good character who are successful and yet don’t poses a grade 12 certificate. These people in some cases are even better than the ones with degrees

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  3. I hope CJ Mumba Malila will put an end to this lawlessness in the Judiciary. The rules are clear, the Court can’t pronounce itself on a matter that wasn’t pleaded. Malanji was in Court not to defend his eligibility but electoral malpractices so he didn’t address the issue of eligibility. How was he found guilty on matter that he didn’t defend himself? The same applies to Simon Miti who was found guilty when he wasn’t in Court. Eligibility is supposed to be challenged within 2 weeks of filing nominations. I urge Malanji to pursue this matter to its logical conclusion

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  4. Very strange…so this man claims to be a successful business man and he cannot live outside Politics….it doesn’t make sense…a business man with two planes???? Bought with his own money still wants to be on a government payroll

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  5. Ayatollah – Please read the whole article Judge Chenda dismissed Mr. Mulenga’s two grounds relating to malpractice on account of lack of merit but upheld Mr. Mulenga’s third ground that Mr. Malanji has no minimum qualification to contest parliamentary elections pursuant to article 70 sub-article one clause “D” of the constitution.
    So if like we had in the past a compromised ECZ that validates your papers yet you dont have G12 where do you think the respond will turn to? Not ECZ but the courts

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  6. The judge wants to please his new masters. Malanji was ambassador during Mr Mwanawasa’s tenure so I wonder how LPM could appoint a grade seven or nine. In fact the qualifications issue is handled by ECZ at nomination. For Lusambo it’s was just a matter of time, that he would meet his Waterloo.

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  7. Deja Vu – Joseph Malanji was never appointed ambassador by LPM check Wikipedia even on qualifications it just vaguely states GCE…do you not remember SG Mwila serving as Home Affairs minister without G12 papers in Sata’s govt because the constitution allowed it

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  8. I AM WONDERING HOW BROTHER JOE BONANZA WAS ALLOWED IN THE FIRST PLACE TO FILE IN HIS NOMINATION PAPERS IF HE DID NOT POSSES A GRADE12 CERTIFICATE OR EQUIVALENT. IF ITS TRUE THEN THINGS HAD FALLEN APART DURING PF ADMINISTRATION.

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  9. @4 Tarino, I have read the article and I have listened to Malanji’s audio statements. I have also read other articles patterning to the same case. I have also read the rules of the High Court. The question of eligibility was sneaked into the Court at the last minute. It wasn’t in the original pleadings. Our Judiciary is again on the spotlight. This Judgement has cast serious aspersions on the Electoral Commission of Zambia, Examination Council of Zambia and the Zambia Qualifications Authority. These institutions were not in Court but they’ll now be subpoenaed in the appeal. So the Judge should have taken care of that. It’s likely that this Judgement will be thrown out. The UPND won’t go anywhere with this tactic. In Kaumbwe they recently arrested the PF candidate on the same…

  10. How can a high Court not know
    About your grade twelve certificate?Courts must have verified with ECZ.This issue should
    Have been sorted when you Were
    Contesting.

  11. #10 Tarino. Malanji was my junior at Secondary School. His company is Gibson and Gibson. Just explain to me why he’s always referred as Ambassador Malanji.

  12. The legal position is that, in a case where any matter not pleaded is let in evidence, and not objected to by the other side, the Court is not and should not be precluded from considering it. The resolution of the issue will depend on the weight the Court will attach to the evidence of unpleaded issues.

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  13. Jack Kangwa – By law the High court has to pass judgement within 90 days …I have been looking at this case online unfortunately all I can find is unreliable social media posts..no information on the contents of the original petition you wonder what the likes of Daily Mail and Times of Zambia do? Back to issues raised in the thread I can only conclude that this Judge must have been sitting on this petition only realised that it was filed on August 20 th and yesterday was Nov. 20th and panicked as he is required by law to pass judgement. I agree we need serious reforms in the Judiciary

  14. Deja Vu – Being in the same school and having a GCE certificate is two different things…I know people who run successful businesses but didn’t make a certificate at G12. Please back it up if he was an ambassador anyone can be given any nickname!!

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  15. What do you expect from a government such as upnd. Hh is very upset up to now and is taking revenge because he lost numerous elections. Hh is personally controlling judges and pre judging court outcomes from so called community House, which looks like an ugly evil sanctuary .

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  16. The legal position is that, in a case where any matter not pleaded is let in evidence, and not objected to by the other side, the Court is not and should not be precluded from considering it. The resolution of the issue will depend on the weight the Court will attach to the evidence of unpleaded issues.

  17. The case resulting in Malanji’s seat being nullified stinks. If indeed this is so how did he sneak past both ECZ’s? Could this be a “two birds with one stone” strategy by the Judiciary of declaring the heads of these two institutions incompetent? That, to me, seems to be the bigger picture at the end of the day … It could also be that that judge must be quietly packing his bags too if this was an incompetent judgment. Next ni ma helicopter yake yaja.

  18. @Jack Kangwa… The judge could have been under the influence of drugs like that judge who ruled against Mwanawasa only uturn that he had malaria at the time.

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  19. If the court judgement is upheld after appeal, then the law must take its course and Mr. Malanji must be charged with forgery or some such case. I would advise Malanji to just get busy with his businesses and forget about politics.

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  20. “He charged that the question of the grade 12 Certificate only arose on the last day when winding up proceedings and he did not have a chance to get back to Lusaka to get his qualifications.”

    Really laughable ..So why didn’t he jump in his helicopter and fly to Lusaka as it was an emergency?

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  21. Ayatollah – Please avail us the link where the contents of the original Petition are? Guys lets learn to back up our posts with facts and reliable sources…we are no longer in Lazy Lungu’s PF where you were arrested for merely debating online.

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  22. It’s OK just let him get his verified grade 12 certificate and prove it in court then he will be brought back. Unless there are other issues involved.

  23. @4-Saulosi: Well written, if he is that reach, why not concentrate on his businesses. Smart boys like Brian Mushimba are back in corporate world. It clearly shows that such people are not as successful as they claim. They want to be in Politics to steal. Actually, he should be arrested for lying of his qualifications because then he gained money forcefully in the previous Government, it is a crime. That’s what makes me hate Lungu. He was so weak as a leader. Useless. And a Grade 12, being a Foreign Affairs Minister. So stupid.

  24. I saw in another online news thread that Hon Malanji didn’t get a grade 12 certificate unless he got it as a night school pupil. He failed grade 9 and went to do auto mechanics. But I agree. It seems very unfair that if indeed he is grade 9 he has done better than some people with PhDs. He was president of golf in zambia and Africa as a whole. How can he fail to be good MP? The grade 12 law is discriminatory and should be challenged in constitutional and human rights court.

  25. This is my main concern. As a country we don’t need to concetrate on a grade 12 certificate but positive attitude to developing our communities. A fool can posses a certificate and still contribute nothing!

  26. First: ECZ does not verify any Grade 12 certificate submitted as long as it appears to have been verified by the Examinations Council. If you bribe the officials at Examinations Council or manage to gorge their validation, then you are home and dry. Unfortunately the courts require actual proof and he could not provide it. The Judge is very correct in this case.

  27. Kindly nullify the judge’s job, he seems incompetent to the core.
    This is preposterous.
    Was the judge drunk to ask the least.
    This excitement provokes me squarely.
    This abso’bloody’lutely crazy.
    He he playing the political tribal war?

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