CAROLINE KALOMBE, Lusaka
MUNALI member of Parliament Nkandu Luo has asked the Constitutional Court to dismiss an application by Doreen Mwamba for the
court to show video evidence in a case in which she has appealed against the nullification of her election.
Ms Mwamba, the losing United Party for National Development Munali parliamentary candidate, has challenged the election of Professor Luo, who is also Minister of Higher Education.
But Prof Luo is dissatisfied with the decision of the High Court to nullify her election and has since appealed to the Constitutional Court.
In this case, Ms Mwamba has raised a preliminary objection and wants the court to set aside its order to proceed with the appeal without video evidence and dismiss the appeal as it is incomplete.
Prof Luo, through her lawyers, argues that the preliminary objection is in substance a challenge to the court to vacate its earlier decision.
It has been submitted that there is no basis other than that Ms Mwamba wants the court to set aside its decision and that this is an abuse of the court process which could bring the administration of justice into disrepute.
It has been contended that the objection, is an attempt to bring an outcome which is convenient for Ms Mwamba regardless of the court’s order.
It has also been submitted that it is not open to challenge the court’s ruling on the exclusion of video evidence before the same court as it is tantamount to requesting the court to review its own decision.
In an earlier sitting, the Constitutional Court ruled that it will continue to hear the appeal without video evidence because 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.