The Constitutional Court has dismissed the urgent application by former Patriotic Front(PF) Kabushi Member of Parliament Bowman Lusambo and his former Kwacha counterpart Joseph Malanji to stay the nominations ahead of the by-elections in the two constituencies.
Judge Palan Mulonda has anchored his ruling on the premise that there is no prejudice that Mr. Lusambo and Mr. Malanji would suffer if the nominations are not stopped.
Judge Mulonda has set September 09, 2022, for hearing the substantive matter where Mr. Lusambo and Mr. Malanji have contested the decision of the Electoral Commission of Zambia (ECZ) to bar them from filing their nominations.
The two are being represented by Lusaka Lawyer Tutwa Ngulube Of Tutwa Ngulube and Company.
Solicitor General Marshall Muchende and other lawyers from the Attorney General’s Chamber are representing the state while the ECZ is being represented by its in-house lawyers.
The ECZ has cited article 72 sub-article four of Zambia’s Constitution as the ground for its decision not to accept Mr. Lusambo And Mr. Malanji’s nomination papers.
The provision states that a candidate who causes a by-election is not eligible to re-contest.
Meanwhile, Four candidates have successfully filled in their nominations as the UNIP candidate fell off for late arrival ahead of the Kabushi Parliamentary by-election in Ndola on the Copperbelt scheduled for 15th September 2022.
The Kabushi Seat fell vacant after the Constitutional Court upheld the High Court’s decision to nullify the election of Patriotic Front (PF”s) Bowman Lusambo over violence and bribery.
The successful candidates who presented their credentials before Kabushi Constituency returning officer Elias Mwalaba were Osius Telela of the Leadership Movement, UPND’s Bernard Kanengo, Richard Kalasa an independent candidate and Alfred Yombwe another independent candidate.
Mr. Lusambo saw his nomination rejected after it was declared invalid by Returning Officer Elias Mwalaba around 12:00 hours.
Mr. Mwalaba declared the nomination centre located at Lubuto Secondary School closed at 15:00 hours.
Earlier, the returning officer advised the successful candidates to adhere to the electoral code of conduct as they campaign in Kabushi.
Mr. Mwalaba cautioned candidates and their political parties to stick to the ECZ campaign time table ahead of the Kabushi Parliamentary by election.
He warned candidates against violence, intimidation and other electoral maul practices.
Meanwhile, UNIP candidate Kebby Kaseba failed to file his nomination in Kabushi Constituency after arriving late at the nomination centre.
Mr. Kaseba arrived at the nomination 40 minutes after it was officially closed.
He tried to plead with the returning officer saying he went to the bank to withdraw nomination fees after the party failed to adequately financially support him.
“Unfortunately, we had a lapse on finances. I was at the bank trying to draw some money so that I can balance hence my coming here late. I am sorry that I have delayed in coming. Under your jurisdiction if you can kindly consider my humble request that I file in my nomination,” Mr. Kaseba told the Returning Officer.
But Mr. Mwalaba vowed not to bend saying it was illegal to accept Mr. Kaseba nominations when he was late.
“Really, you have apologized and we have sympathized with you but the law cannot be one sided. We had a candidate here and we quoted the law, we invalidated the nomination. We are not going to be fair if we are going to go against the law and allow you inside because the law says if we close, we close. I think we ask you to bear with us in all fairness. Thank you so much,’ Mr. Mwalaba said.
Mr. Kaseba was seen leaving Lubuto Secondary School as one police officer escorted him out.The Kabushi nominations were peaceful as scores of police officers were deployed to preserve peace, law and order.
Over 30 uniformed police officers were deployed inside and outside the nomination center.
Arrest Kaizer Zulu now.
Double musata-kneey0ko wobe. Go and arrest your f00Iish father hh. He is the worst criminal who undervalued state resourcrd for kickbacks that made him billionaire during privatisation. Today he stands before Zambians and claims he is hardworking. Eff off
Palan Mulonda is a PF supporter anyway. He’ll change he’s mind a say they were eligible. I don’t know when Bally will terminate ConCourt judge’s contracts or however legally he’s supposed to remove them.
You think its that easy to terminate a Concourt’s judges contract…really laughable.
Malanji is my elder brothers friend. He never went to any high school. He used to brew Chibuku at National Breweries in Ndola.
Your information is factually incorrect. He went to high school in Chililabombwe and Chingola. I even know one person who was his classmate in Chingola. He then worked for National Breweries in Kitwe and not Ndola as a salesman before going into private business. If Malanji is indeed your brother’s friend, you certainly have a bone to pick with him.
#3.1, Malanji has never been a salesman. What I know is that he was a Director of Engineering & Transport at the time he left National Breweries to found Gibson International
Crooks shouldn’t be allowed on the ballot paper period!!
This is yet another demonstration that our Courts aren’t responsive to our needs. This is a matter that should have been heard and decided on the spot. Which wisdom did the Judge use to set the of hearing on 9 September? Elections are due on 15 and without an injunction ECZ would have printed the ballots by then. It’ll cost the nation a lot if it’s found that ECZ was wrong. Our Judges must rid themselves of this destructive mentality.
Get rid of PF compromised ConCourt judges
You can not decide such a matter on the spot ..they need to interpret the law or even cite where possible.
I dont think “This is a matter that should have been heard and decided on the spot.”, but certainly, the judge that upheald the nullification of the election, should have done a good job to clarify what that meant. He should have known about the existence of Article 72 and interpreted the nullification for context.
But just as YOU have junk Zambian Politicians, you have junk ConCourt judges. The ConCourt created this mess, compounded with the du.ll PF politicians, who could have started this discussion right after the Concourt upholding of the nullification. Instead of focussing on tangible issues, they are busy attacking Hakainde for NOTHING ! Hakainde did NOT create article 72, so why are people blaming him for that sh!t ??
What you do today will follow you,everything will be documented for future use so Lawyers be very carefull with the way you handle such matters because one day you will be found wanting and no one will be there to protect you and the law will take its course so make sure you dont at one day put your family in regrets.What is in the mind of man no one can tell because one of the dangerious animal on earth is man. Very dispointing the way things are being done,these are caculated moves, ni chase mmmmmmm
“The two are being represented by Lusaka Lawyer Tutwa Ngulube Of Tutwa Ngulube and Company.”
Foooools rushing to a fellow dull fooooool to represent them…the fact that a PF Politican is representing them should have been a red flag to these two donkeys, get a neutral consitutional lawyer to fight your corner, Anyway these chaps are just as shortsighted as their leaderless party, I mean how do you bring back Bowman to stand when his previous campaign was marred with brutal volience Kabushi was a no go area for UPND and all opposition parties. The irony of this all is opposition are supporting him
Watch out for Judge Mulonda, he is PF.
The law is the law, but………
Ayikona man……
let those 2 suspected criminals stand and lose at the free will of the people…………..
Voters like free handouts……now there is none, you shall see the true colours of voters.
Should have Let the 2 criminal suspects stand…………
And if they win, highly unlikely, drag them to the courts all day , year round……..
Can the Concourt for once given as a well reasoned, comprehensive and impartial judgement that we can use as precedent going forward? The spotlight is firmly on them. If they don’t, we are going to have to start a serious conversation about them.
The Concourt doesn’t make the laws they can only interpret what’s infront of them..our laws are hastily written especially under PF with a goal of fixing opposition.
In denying the stay, Judge Palan ruled that there would be no prejudice that the two would suffer if the nominations proceeded. Does this mean, should the two be successful in the Concourt, they will be allowed to file in their nominations or will all the candidates have to do the process again? What about time for campaign and the election date – would adjustments be made to provide a level playing field for the two?
This is the only way that f00Iish tribal party upnd and its leader hh can win an election. They know that lusambo is kabushi and kabushi is lusambo. Hh directed ecz to stop nomination out of fear of being embarrassed. No one even knows the upnd candidate. If bowman and malanji are stopped there will be war in this country kaIeza
Kaizer Zulu, Shut up! Your PF made this law and they should follow it. We should not break the law in order to prove whether one is popular or not. That is a recipe for anarchy and unmoored thinking. There is not going to be war in Zambia because of Bowman or Malanji are not contesting. ECL was voted out and there was no war. In fact there will be a calmness never seen before as the sting of the savage PF is inevitably neutralized and confined to the archives of history. The only war that will be there will be in your homes (you and Bowman) as you lose your sources of income and tension builds with your spouses.
The judge that upheald the nullification of the election, should have done a good job to clarify what that meant. He should have known about the existence of Article 72 and interpreted the nullification for context. But just as YOU have junk Zambian Politicians, you have junk ConCourt judges. The ConCourt created this mess, compounded with the du.ll PF politicians, who could have started this discussion right after the Concourt upholding of the nullification. Instead of focussing on tangible issues, they are busy attacking Hakainde for NOTHING ! Hakainde did NOT create article 72, so why are people blaming him for that sh!t ?? As if the situation was not worse, you have CONFUSED Zambians(including majority bloggers here), directing their anger/frustration to a wrong person. Blame…
General Kanene. The constitutional court cannot disqualify a candidate only ECZ can do that based on article 52. The concourt can however, nullify a seat based on the balance of evidence of malpractice. The question right now is not about qualification, nullification or even grade 12, but whether a vacancy has arisen in parliament for MP. If a vacancy has indeed arisen, the next question is how? And in answering this question, we need to refer to article 72(4), which lists various pathways to a vacancy of MP. If the vacancy, for example is by decision of the court (h) to nullify the election, then that MP whose seat is nullified becomes ineligible to contest for the current term of parliament.
@ Alfred
You are absolutely right, and in my comment above, I said the Concourt UPHELD the high decision to NULLIFY and NOT to disqualify.
We are both on the same page, and thanks for simplifying for others to understand. Your explanation is simple and straight forward and I am sure many here have found it to be VERY valuable and informative.
Cont`d
Blame Concourt, Blame du.ll MPs that YOU voted for to make such laws. Don’t blame ECZ, don’t blame Hakainde.
I have stated before and will again that the blogger Kaizar Zulu is the real one. If not arrest the real one for allowing the lunatic here to use his profile to spew the most damning insults on a sitting president. Once arrested, deny him access to the computer for two weeks and see if the lunatic here will be able to make his sick comments. HE IS THE REAL ONE!!!
He cannot be arrested. He is hiding in the UK enjoying the money and he looted and received in kickbacks from selling our country. The English will keep him and his kind, just in case they become displeased with the government in power. In that situation the can animals like Kaizar Zulu and put them in power in Zambia.
Arrest me for stating the truth. I will gladly serve time for the truth but just know that if I do, hh presidency will be cursed and won’t last until 2026. Mark my words. Kaleza pali ba mayi bako
Internet Troll……….with time to sit on a computer all day………
Mwepu Chilenga – Wake up from your docility; this is an Internet Troll/ Impostor/ Fraud!!!
No Lusambo me not voting
Ba Kaizar Zulu. Shame upon you. Your arrogance of insulting and beatingpepple shall one be dealt with.
The real KZ is quiet and living his life not this London based sadist above