FORMER Patriotic Front (PF) Kabushi lawmaker Bowman Lusambo and Former Kwacha lawmaker Joseph Malanji have both their petitions dismissed in the Ndola and Kitwe High Court .
The duo petitioned the elections of their rivals United Party for National Development (UPND) Bernard Kanengo in Kabushi and UPND’s Charles Mulenga in Kwacha stating that they should be declared null and void as they were illegal.
However, their petitions have both been dismissed as they have been deemed to lack merit by the Ndola and Kitwe High Court respectively.
In Ndola, Lusambo petitioned Kanengo, the Electoral Commission of Zambia (ECZ) and the Attorney General seeking that the court declare the election of Kanengo as null and void.
In his submission in trial, Lusambo stated that the election had low voter turn out because his face was not on the ballot papers.
He claimed that ECZ misconducted itself by barrying him from contesting, which made it a non-democratic election and further stated that the move by ECZ tantamounts to contempt of court.
“The election was illegal and therefore this court should declare it as null and void,” he said.
High Court judge Ruth Chibbabbuka in passing judgement and dismissing the case said that all the allegations against Kanengo could not be substantiated.
“Thus, this allegation cannot be the basis upon which the election can be nullified or voided. Having found as I have, that all the allegations have failed and cannot be substantiated, in accordance with Article 97 (2) (b) of the Electoral Process Act, this petition is hereby dismissed for lack of merit. As this matter is one of public interest each party will bear their own costs for this petition,” she said.
Meanwhile, in Kitwe Malanji who equally petitioned the current Kwacha lawmaker Mulenga and ECZ also had his case dismissed.
Judge Conceptor Zulu who was sitting in the Kitwe High Court dismissed Malanji’s petition because some of the grounds of the petition had no merit.
She said there was no evidence that the petitioner was prevented from filing his nomination and therefore there was no merit in the petition.
“I have come to the conclusion that there was no merit that the ECZ did not comply with the stay that was made by the court,”she said