Tuesday, June 25, 2024

M’membe has welcomed the Constitution Court ruling as Chipenzi says judgement is not convincing

Share

Socialist Party President Fred M’membe has welcomed the Constitution Court ruling that has declared Bowman Lusambo and Joseph Malanji eligible to re-contest the Kabushi and Kwacha parliamentary by elections respectively.

Mr. Lusambo and Mr. Malanji had challenged in court the Electoral Commission of Zambia’s decision to reject their nomination to re-contest the Kabushi and Kwacha seat respectively.

Dr M’membe said the Constitutional Court has redeemed itself after wrongfully nullifying the Kwacha and Kabushi parliamentary seats.

He vowed that the Socialist Party will do everything possible to ensure that Mr Malanji and Mr Lusambo win back the seats that were unjustly and unfairly taken away from them.

“We welcome the Constitutional Court’s decision to mitigate its wrong decisions on the nullification of the Kwacha and Kabushi parliamentary seats. It was injustice to have nullified those seats in the first place. It would be a gross injustice not to allow Mr Joseph Malanji and Mr Bowman Lusambo to re-contest those seats.And the Electoral Commission of Zambia has really disgraced itself. It will be very difficult for it to win back public trust. And as we had clearly and emphatically stated, it was these injustices that moved the Central Committee of the Socialist Party not to field candidates in these two constituencies but to support Mr Malanji and Mr Lusambo.”

“As Dr Ernesto Che Guevara aptly put it, “If you tremble with indignation at every injustice then you are a comrade of mine. Above all, always be capable of feeling deeply any injustice committed against anyone, anywhere in the world. The true revolutionary is guided by great feelings of love.”For us the emotions that saturate our political decisions and revolutionary actions – love for justice, hatred of injustice – relentlessly challenge and undermine the intersections between law and injustice in our country,” Dr. M’membe said.

“We will do everything possible to ensure that Mr Malanji and Mr Lusambo win back the seats that were unjustly and unfairly taken away from them. And we call upon all Zambians of good will, whatever justified displeasure or distaste they may have with or for Mr Malanji and Mr Lusambo, to support justice and ensure that justice prevails by helping them win back their seats.For us, there is no choice between being principled and unelectable; and electable and unprincipled. We should win because of what we believe in. A new and complex era such as this requires principles more than ever. Political ideas, political manoeuvres are worthless if they are not inspired by noble, selfless sentiments. Likewise, noble sentiments are worthless if they are not based on correct, just and fair ideas,” he said.

“We have chosen to defend certain principles that are of tremendous value at a time of confusion and opportunism in our country, a time when many politicians are feathering their own nests.We also want to re-emphaise that our support for Mr Malanji and Mr Lusambo doesn’t mean we are in an alliance or pact with the Patriotic Front. We don’t need alliances or pacts to fight injustice and offer solidarity to victims of injustice. We believe in being there for others even if there’s nobody there for us,” Dr. M’membe stated.

Candidates filed nominations last month ahead of the 15th September by elections in Kwacha and Kabushi Constituencies.

Meanwhile, electoral expert McDonald Chipenzi said the Constitutional Court judgement is not convincing but must be respected as it helps in the legal reform agenda of the electoral process.

Mr. Chipenzi said the idea of nullification of an election is to fight electoral corruption and punish offenders by not allowing them stand again the life of that parliament or council.

“The ruling has put the debate to rest on whether or not people whose election has been nullified can re-contest their seats.Though not convincing a judgement, it must be respected as it helps in our legal reform agenda in the electoral process.
The idea of nullification of an election is to fight electoral corruption and punish offenders by not allowing them stand again the life of that parliament or council as provided for in Art 72(4) and 157(3).I agree with Prof Margaret Munalula’s dissenting judgement in this case which is in line with the spirit and letter of the Technical Committee Drafting the New Zambian Constitution (TCDZC) report, a committee constituted by late President Michael Sata. However, the court in its judgment has shied away from nullifying the nominations and ordering or calling for fresh nominations to accommodate the duo,” he said.

“There is no win here other than more debate and debate.The win would have come if the court ordered ECZ to conduct fresh nominations or if it invalidated the nominations conducted but that has not been done.The Court has not but instead dismissed that plea for fresh nominations from the petitioners and ECZ goes ahead with nominations and the elections on 15 September 2022, which is next week.The Court should have nullified the nominations and order new nominations then the duo would have been on the ballot for the by-elections scheduled for next week. Now there is zero and the status quo remains, their nominations remain rejected. So where is the excitement comrades?We wait to read the judgement in full.Otherwise the moment I heard Prof Munalula having I dissenting judgement l knew that there will be issues and debate ahead,” Mr. Chipenzi said.

24 COMMENTS

  1. Chipenzi was the nullification of Malanji’s election convincing? The original case was malpractices…. the witness changed their statement so the case turned to lack of grade 12 certificate.
    The Concourt acknowledged that Malanji had a grade 12 certificate but still went ahead and endorsed the nullification.
    You noticed these but you kept tribally quiet.

  2. the electoral expert sounds like he is not happy with the out came, for an expert he sound so one sided . its not every plan you make gose your way

    5
    1
    • The same expert vowed to challenge nominations
      of Joe and Bow.
      After the court ruling, “gear” is trashing the Concourt verdict, unknowingly watering down the objectivity of the gears.

      I submit…

  3. Cde Membe AKA Mwansa Kapinga on LT is driven by hate of HH……….

    Is Cde membe sure that election violence and corruption on part of candidates should have no consequences ????

    4
    5
  4. The Professor Margaret Munalula whose dissenting opinion MacDonald Chipenzi finds more convincing is a card carrying member of the UPND. Those who know her well were therefore not at all surprised by the stand she took.

  5. Who does this Chimpanzee think he is…We cant all be tongas or bally’s balls worshipers. ..Malanji and Lusambo have right to be on the ballot. Chipanzee should advise the ECZ to postpone and reschedule the poll, but knowing their arrogance, the goons will most likely will be forced thr a High Court order or as a last measure by hook or crook = one of the bought poor souls on the ballot MUST withdraw from the race and force ECZ to do the right think.
    Have a nice day Chipenzi …Wenyo!

  6. Who does this Chipenzi think he is…We cant all be tongas or bally’s ba.lls worshipers. ..Malanji and Lusambo have right to be on the ballot. Chipanzee should advise the ECZ to postpone and reschedule the poll, but knowing their arrogance, they will most likely will be forced thr a High Court order or as a last measure by hook or crook = one of the bought poor souls on the ballot MUST withdraw from the race and force ECZ to do the right think.
    Have a nice day Chipenzi …We.enyo!

  7. Chimpanzee is a disgrace to society, ever since he came out in the open as Up n Down cadre he hasn’t stopped amazing me. Why is it that the party he supports so passionately never adopted him to stand in Chirundu Constituency? Is there something we don’t know about him yet PUNGWA is very much aware of? Nipano Tuli!!

    4
    1
  8. Chipenzi Stop misleading people with your opinions. Good lawyers go to Court to defend what they think is right NOT on Media. You had all the time to join UPND in court to defend or argue out your concerns.

  9. People in the same Whatsapp Group
    1. Fred Meembe AKA Mwansa Kapinga
    2. Kaizar Zulu
    3. Chilufya Tayali
    4. Edith Nawakwi
    5. Winter Kabimba

    Common fact : It is a marriage of Convenience driven by a common cause , namely hatred for one individual

    4
    1
    • Mmembe was your hero when Lungu closed his Post Newspaper…inspite of him not paying taxes and other obligations you stood by him. What a shame that he’s turned against you. I bet you are very disappointed

  10. If i was the moderator i would ban people worshippers like Spaka. One would think HH is his wife or something. He has no substancial posting without looking into PF. PF is gone and we want to move forward but then we have people worshippers which is sad for Zed. That is why i say some people like Spaka may be educated but remain IIIdddiioots.

  11. Whats wrong with Mr. Chipenzi, did the court tell ECZ to bar the two from contesting when they NULLIFIED the seats,
    Why do you still insist that they dont deserve to be on the BALLOT
    In any case which institution of repute conferred you as an ELECTORAL EXPERT. Some of us have started to doubt
    your capability.
    Please dont be a JURY and JUDGE

  12. Whats wrong with Mr. Chipenzi ? Did the court tell ECZ not to accept the two nominations when they NULLIFIED the seats.
    Why does he still insist that they still do not qualify even after the latest Judgement.
    In any case who conferred the ELECTORAL EXPERTISE on him as some of are us are beginning to doubt his capability.
    Pleas dont be a JURY and JUDGE

  13. Why don’t you publish the full judgement and show the basis for this judgement – the ConC nullified the election of the petitioners b’cos of irregularities?which ones? This means ECZ, who are mandated to preclude non-compliant candidates or even cancel undemocratic elections are in their right to exclude the petitioners – the nullification is the basis of their disqualification!! NO ROCKET SCIENCE!! People underestimate how pot-holed the ECL Constitution is and how embedded the Cartel of Thieves still is in all arms of governance including the voters, going by the warped views spewing on such portals like zambian online media….Jesus weeps no more!!

  14. In case we have forgotten: This is the same concourt that ruled that Edgar Lungu is eligible to contest for the third time when infact not and we made Edgar INELIGIBLE in the ballot on 12th August 2021, the best decision we have ever made for this country

    2
    1
  15. As for Chipenzi, his comments have been made to build a personal data-base to improve his CV as he prays to get a job in the ECZ. His only qualification to get this job is a TONGA-tag attached on his person. Check and verify the statistics linked to appointments in the UPND-led Govt.

  16. this is what corruption cad when grows much,. Even white wigged judges endup losing their wisdon and common sense’ s and up judging any how witout puttin the sanity’ Ba mwankole

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading