The Constitutional Court has upheld the nullification of the election of Joe Malanji as Kwacha Constituency Member of Parliament.
Constitutional Court Judge Margaret Munalula , who read the majority Judgment, said High Court trial JudgeKa Kazimbe Chenda ’s decision to annul the seat on the basis of lack of a grade 12 certificate cannot be faulted due to sufficient evidence.
Judge Munalula says the constitutional court is of the view that there was enough evidence that Mr. Malanji did not have a Grade 12 Certificate.
Judge Munalula says the trial was on firm ground to shift the burden of proof to show that he had the right credentials.
However in the minority Judgment, Constitutional Court Judge Mugeni Mulenga said that the trial judge erred in law to shift the burden of proof to Mr. Malanji, as the petitioner, UPND Candidate Charles Mulenga should have provided proof that the appellant did not have a Grade 12 certificate.