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THE Constitutional Court has today overturned the nullification of former ruling party, Patriotic Front’s Kalalwe Mukosa’s election as Chinsali Central Member of Parliament after finding that there was merit in his appeal.
Judge Annie Sitali by a majority judgement declared Mr Mukosa as duly elected Member of Parliament after upholding six grounds of appeal against the High Court’s decision to nullify the election.
Mukosa who was represented among other lawyers late Tutwa Ngulube had appealed against the High Court’s decision to nullify his election as Chinsali Central lawmaker arguing that the petitioners, UPND candidate Charles Musanya and independent Christopher Chiponde had not availed contingent evidence to prove that he committed the alleged electoral malpractices.
In November, last year, Lusaka High Court Judge, Timonthy Katanekwa, nullified the elections saying the allegations of electoral malpractice, vote buying, intimidation and violence had been proven beyond reasonable doubt to have affected the August, 12 general election in Chinsali.
Judge Katanekwa said the court found satisfactory evidence that the electoral violence curtailed the petitioners successful campaigns thereby, affecting the election outcome.
But the Concourt in its judgement reversed the lower court’s decision on ground that there was no contingent evidence to justify the nullification of the election.
Judge Sitali said that the respondents did not prove the allegations against Mr Mukosa to the required standard of Section 97 of the Electoral Process Act (EPA).
“”We set aside the lower court’s decision to nullify the appellant’s election and we declare that Kalalwe Mukosa was duly elected as Member of Parliament for Chinsali,” declared the court.
Speaking after the passing of the judgement, PF acting president Given Lubinda says the party is dedicating the victory to Ngulube.
“This judgement in favour of Kalalwe Mukosa is primarily dedicated to Tutwa Ngulube. Tutwa would have been standing with me here today, the fact that we put him to rest yesterday, and the next day we get a judgement in our favour , shows that even God in heaven has received the soul of Tutwa,” he says.
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