24 PF MPs IN CON-COURT BATTLE -SEEKING TO JOIN CASE TO STOP TAMPERING WITH PETITION LAW

By GRACE CHAILE LESOETSA

TWENTY-FOUR PF members of Parliament whose seats were petitioned have ganged up to oppose UPND‘s application to relax conditions under which seats could be nullified.

UPND member Joseph Busenga in his petition contends that the existing law was inconsistent with article 45 which discourages acts of election malpractice and instead promotes corrupt and illegal practices.

However, the PF members have applied for an order for leave of the Constitutional court to be joined to the matter as interested party.

The 24 include Mr Brian Mundubile whose Mporokoso seat was upheld by the High Court , TasilaLungu (Chawama MP),  Dr. Chitalu Chilufya (Mansa Central MP), Stephen Kampyongo(Shiwang’andu), Joseph Malanji (Kwacha seat nullified), Mutotwe Kafwaya (Lunte seat nullified) , Michael Katambo (Masaiti MP)  and Christopher Shakfuswa (Mandevu).

Others include Melesiana Phiri, Luckson Lungu, George Kangwa Chisanga, Golden Mwila, Christopher Kang’ombe, Robert Kaelaa Kalimi, Mulenga Fube, Mutale Chanda, Anthony Kasandwe, Kampamba Mulenga, Jonathan Daka, Elias Daka, Acklers Banda, Peter Phiri and Masauso Tembo.

Kabushi MP, Bowman Lusambo, whose seat was also nullified, was the first to seek a joinder in the matter.

Mr Mundubile  and 23 others in their application stated that they were competent to join the matter by reason of Article 2 and 60(2)(A) of the Constitution of Zambia which confers constitutional duty and to defend the Constitution of Zambia, promote its values and principles.

He stated the  sought relief to remove the said Section from the Electoral Process Act  constitutes a part of electoral rules on petitions by stakeholders or aggrieved parties.

The 24 submitted to the Court that they seek to be heard in the matter in opposition to the application by Mr Busenga.

Section 97 (2)(a) states: The election of a candidate as a Member of Parliament, Mayor, Council chairperson or councillor shall be void if, on the trial of an election petition, it is proved to the satisfaction of the High Court or a tribunal, as the case may be, that – (a) a corrupt practice, illegal practice or other misconduct has been committed in connection with the election – (i) by a candidate; or (ii) with the knowledge and consent or approval of a candidate or of that candidate’s election agent or polling agent; and the majority of voters in a constituency, district or ward were or may have been prevented from electing the candidate in that constituency, district or ward whom they preferred;

The petitioner has cited the Attorney General as the respondent in the matter.