The Lusaka High Court has dismissed with costs an appeal application for an order to freeze the Zambezi West parliamentary by-election scheduled for September 11, 2014.
The appeal application was filed by the losing Patriotic Front candidate Christabel Ngimbu.
Justice Judy Mulongoti dismissed the application because there was no likelihood that the appeal would succeed in the Supreme Court.
She also said legally, the appeal did not operate as a stay as Ms Ngimbu contended. An affidavit in opposition of Ms Ngimbu which was sworn to by Gilbert Phiri deposed that there was no reference as to why the Zambezi West parliamentary by-election should be stayed and that even though the petitioner had appealed, such would not have the effect of staying the election.
In this case, Mrs Ngimbu wanted the court to stay the Zambezi West by-election pending an appeal to the Supreme Court against the High Court refusal to render a report to the effect that UPND’S Charles Kakoma committed corrupt and illegal practices during the September 2011 elections. Mrs Ngimbu also wanted Justice Mulongoti to stop Mr Kakoma from re-contesting the by-election for the next five years because the Supreme Court Judgment of October 13, 2013 allegedly found him guilty of committing the illegal and corrupt acts.
But Mrs Mulongoti refused to grant the application because her court did not find Mr Kakoma guilty. She said she would prepare a report based on the findings of her court and not what the Supreme court found.
That’s exactly my argument. The High Court didn’t nullify the seat.
Let’s get the election underway, don’t be scared PF, but don’t think the Mangango result will repeat itself EVER again in any of the remaining by-elections.
Hope you have a voters card?