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Dismiss Mwamba’s election appeal – ECZ

HIGH Court.

PRISCILLA CHIPULU, Lusaka
THE Electoral Commission of Zambia (ECZ) has urged the Constitutional Court to dismiss an appeal by United Party for National Development (UPND) losing candidate for Kasama Central Sibongile Mwamba against the High Court judgment which declared Patriotic Front’s Kelvin Sampa as duly elected member of Parliament.

This is in a matter in which Mwamba appealed against the High Court’s judgment to declare Mr Sampa as duly elected member of Parliament.
The ECZ told the court yesterday that the appeal by Mwamba lacked merit and should be dismissed on grounds that the High Court was on firm ground to arrive at its judgment.
The lawyers representing the commission further submitted that they found nothing wrong with the final decision by the lower court.
The panel of constitutional judges has reserved ruling to a later date.
Earlier, when the case was called before a panel of constitutional court judges, Mr Sampa’s lawyer, Kelvin Fube, applied to the court to use oral submission as heads of arguments instead of the written ones.
The judges dismissed Mr Fube’s application stating that he did not comply with court orders which stipulate that heads of arguments are supposed to be made seven days before the hearing.
Last year, Lusaka High Court judge Susan Wanjelani dismissed the election petition by Mwamba on grounds that she failed to substantiate the allegations of election malpractice.
Justice Wanjelani ruled that Mwamba failed to prove how the allegations of satanism labelled against their presidential candidate Hakainde Hichilema could have affected the majority voters from voting for their preferred parliamentary candidate.

 



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