Friday, February 23, 2024

Lusambo and Malanji win case in Constitutional Court


Hon. Joseph Malanji and Hon. Bowman Lusambo have won their case in the Constitutional Court, which ruled that they were eligible to contest the Kabushi and Kwacha Constituency by-elections. The decision was made in a judgement delivered on Friday, March 10, 2022, in case 2022/CCZ/0018 against the Attorney General and Electoral Commission of Zambia.

According to the judgement, the applicants were not disqualified and were eligible to contest the elections after their seats were nullified by the courts. The judges, including Justice Palani Mulonda, Justice Mungeni S. Mulenga, Justice Judy. Z. Mulongoti, and Justice M. Chisunka, stated on page J50 of the judgement that the applicants whose seats were nullified by the High Court or the Constitutional Court did not fall under the category of those who could not contest an election under article 72(4).

The judges emphasized that article 72(4) specified which categories of candidates could not contest an election, including those specified in Article 72(2) (a), (b), (c), (d), (e) and h. However, these categories did not include members whose seats fell vacant due to nullification.

Amb. Emmanuel Mwamba, who obtained the judgement, expressed shock at the unethical reporting and propaganda churned out by the public media, which misinformed the nation that Lusambo and Malanji lost the case. Mwamba stated that the media, especially credible media, should never be yoked to lies and schemes of politicians.

It is important to note that the minority judgement of Justice Margaret Munalula, who dissented to the majority judgement, had no effect or cause. The decision of the Constitutional Court is final and binding.

Below is the Judgement.


  1. Laughable. If we truly express what we think about our Judiciary, they’ll cite us for contempt. What’s the purpose of passing a verdict that won’t have any effect. Why didn’t these guys have courage to pronounce themselves before elections were held. Are they going to order a reelection? Don’t waste our time

    • My thoughts too. It’s a circus of the worst kind. How does the “incumbent” MP feel? Is he going to work comfortably? Is the Upnd controlled ECZ going to do the right thing. Or is it going to wait for instructions from the Upnd president? We’re becoming a mockery of the so called democratic world.

  2. Half-baked reporting.You need to tell us what will happen now. As mCourt reporters, you should interpret the law and given this ruling you should have asked lusambo and Malanji for their next course of action

  3. There we go. Do you remember when, I, the CIA 1 told you that this would be the eventual outcome. Hahaha. My brother is back in action. Kabushi you will soon be in safe hands. You cannot stop greatness. I love my party and my gang.

    • The problems in the country were caused by the stealing thieves like you and Edgar Chakolwa ‘Jonathan Mutawire’ Lungu did, when you saddled the country with an unpayable US $31billion. The only place you are going to is jail, you are not going back to power- Kalya nyoko Kaizar Zulu

  4. Thats why HH did well to appoint new Concourt Judges pending ratification. Those ECL appointed guys just bring about more confusion with their judgements.
    So interpretation is needed to understand their judgment. What a waste.

    • Changing goal posts….if HH says NO HOMOSEXUALITY you say he’s a Christian president…if he allows HOMOSEXUALITY you will say he’s only exercising HUMAN RIGHTS.
      How can he deliberately appoint judges who will allow a possible return of Lusambo and Malanji?

  5. If you ask me, these judgements are bringing in more confusion than sorting out the problem. Why can’t they just be straight to the point instead of using jargon?

  6. I posted comments reminding my fellow UPND Supporters that HH was hell bent, occupied with so much hate… to remove Lusambo and Malanji at all cost … and I was called all sorts of names. This will even motivate PF to punish UPND in the copperbelt for 2026 Elections. I just returned from Zambia 2 weeks ago and UPND has lost so much support on the ground. The youth who drummed support for UPND feel very cheated and used. CDF has failed. Some church Bishop in Eastern Province recently told HH that – Mr President you are being cheated by your people. Things are not good on the ground.

    • Yeah but the opposition is in disarray. There’s too many of them
      They should field a single candidate. Learn from previous opposition and opposition in other countries like Malawi

    • The elections are in 4 years. If the economy is appreciably improving, UPND will win very easily. If the economy is not well, UPND will by a small and very competitive margin. UPND will have the advantage of incumbency, and it will also have a credible case to prosecute, when it reminds the people that PF borrowed and looted the money of the loans whose payments are impoverishing them. UPND will also remind the people of tyranny of PF cadres… Keep in mind that you evidence was anecdotal. So a Bishop from Eastern province is now criticising UPND, did Eastern Province vote for HH??? This is why polling should be left to experts.

  7. The republic of Zambia is constitutional. The constitution ruling is final. Everyone has to obey like it or not.

  8. why compare Zambia to confused Malawi government. They ascended to power by organizing violence!!! This is what victors in Zambia followed. Let us honest in our analysis of issues.

  9. Too late to have any effect. The horse has already bolted from the stable. The milk has already been spilt. By elections we’re held and they are over. We already have new MPs in their constituencies. It was going to make sense if this judgement came before the by elections. As it is not it is just rhetoric.

  10. I may be wrong but Why does it seem that con-court takes so long to dispose of cases before it & yet it would seem they don’t have so many cases to deal with!!?

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