PRISCILLA CHIPULU, Lusaka
THE Constitutional Court has dismissed an application by losing United Party for National Development (UPND) candidate Doreen Mwamba to
present video evidence in court in a matter in which Munali member of Parliament Nkandu Luo has challenged the High Court’s ruling to nullify her election.
When the matter came up for hearing yesterday, the Constitutional Court bench headed by judge Annie Sitali said the court ruled that it would continue to hear the appeal without video evidence.
Justice Sitali said the move is meant to rule out the possibility of the video being contaminated as it was not in the custody of the High Court judge from the first time it was viewed.
“We have decided to go ahead to hear the appeal without the video evidence on account of it being possibly contaminated,” she said.
In the last sitting, judge Sitali said the court ruled the video should be viewed in the presence of the registrar of the Constitutional Court, and that the outcome of the video clips depicting the violence that is said to have characterised the Munali parliamentary election which led to the nullification of Professor Luo’s election be placed on record.
Mwamba’s lawyers raised preliminary objections against the ruling and the court ruled that the objections should be formally put to allow the appellant to respond meaningfully.
The matter has since been adjourned to August 4, 2017 for hearing of preliminary objections.
This is in a matter in which Prof Luo appealed against the decision of the Lusaka High Court that nullified her election, citing electoral irregularities and rampant acts of violence.