ConCourt Sets September 9 For Lusambo And Malanji Hearings
The Constitutional Court has dismissed the urgent application by former Patriotic Front(PF) Kabushi Member of Parliament Bowman Lusambo and his former Kwacha counterpart Joseph Malanji to stay the nominations ahead of the by-elections in the two constituencies.
Judge Palan Mulonda has anchored his ruling on the premise that there is no prejudice that Mr. Lusambo and Mr. Malanji would suffer if the nominations are not stopped.
Judge Mulonda has set September 09, 2022, for hearing the substantive matter where Mr. Lusambo and Mr. Malanji have contested the decision of the Electoral Commission of Zambia (ECZ) to bar them from filing their nominations.
The two are being represented by Lusaka Lawyer Tutwa Ngulube Of Tutwa Ngulube and Company.
Solicitor General Marshall Muchende and other lawyers from the Attorney General’s Chamber are representing the state while the ECZ is being represented by its in-house lawyers.
The ECZ has cited article 72 sub-article four of Zambia’s Constitution as the ground for its decision not to accept Mr. Lusambo And Mr. Malanji’s nomination papers.
The provision states that a candidate who causes a by-election is not eligible to re-contest.
Meanwhile, Four candidates have successfully filled in their nominations as the UNIP candidate fell off for late arrival ahead of the Kabushi Parliamentary by-election in Ndola on the Copperbelt scheduled for 15th September 2022.
The Kabushi Seat fell vacant after the Constitutional Court upheld the High Court’s decision to nullify the election of Patriotic Front (PF”s) Bowman Lusambo over violence and bribery.
The successful candidates who presented their credentials before Kabushi Constituency returning officer Elias Mwalaba were Osius Telela of the Leadership Movement, UPND’s Bernard Kanengo, Richard Kalasa an independent candidate and Alfred Yombwe another independent candidate.
Mr. Lusambo saw his nomination rejected after it was declared invalid by Returning Officer Elias Mwalaba around 12:00 hours.
Mr. Mwalaba declared the nomination centre located at Lubuto Secondary School closed at 15:00 hours.
Earlier, the returning officer advised the successful candidates to adhere to the electoral code of conduct as they campaign in Kabushi.
Mr. Mwalaba cautioned candidates and their political parties to stick to the ECZ campaign time table ahead of the Kabushi Parliamentary by election.
He warned candidates against violence, intimidation and other electoral maul practices.
Meanwhile, UNIP candidate Kebby Kaseba failed to file his nomination in Kabushi Constituency after arriving late at the nomination centre.
Mr. Kaseba arrived at the nomination 40 minutes after it was officially closed.
He tried to plead with the returning officer saying he went to the bank to withdraw nomination fees after the party failed to adequately financially support him.
“Unfortunately, we had a lapse on finances. I was at the bank trying to draw some money so that I can balance hence my coming here late. I am sorry that I have delayed in coming. Under your jurisdiction if you can kindly consider my humble request that I file in my nomination,” Mr. Kaseba told the Returning Officer.
But Mr. Mwalaba vowed not to bend saying it was illegal to accept Mr. Kaseba nominations when he was late.
“Really, you have apologized and we have sympathized with you but the law cannot be one sided. We had a candidate here and we quoted the law, we invalidated the nomination. We are not going to be fair if we are going to go against the law and allow you inside because the law says if we close, we close. I think we ask you to bear with us in all fairness. Thank you so much,’ Mr. Mwalaba said.
Mr. Kaseba was seen leaving Lubuto Secondary School as one police officer escorted him out.The Kabushi nominations were peaceful as scores of police officers were deployed to preserve peace, law and order.
Over 30 uniformed police officers were deployed inside and outside the nomination center.
This article originally appeared on Lusaka Times