Fri, 02 Dec 2016 10:46:16 +0000
By Nation Reporter
ITEZHI-TEZHI Member of Parliament Herbert Shabula has avowed that he did not incite violence nor did he make defamatory statements against the Patriotic Front and its candidate, Greyford Monde, during the general election.
This is contained in his appeal filed before the Constitutional Court against the High Court decision to nullify his election to the National Assembly as Itezhi-Tezhi MP.
Mr Shabula submitted that High Court Justice Sharon Newa erred in law and in fact in her judgment when she found that the radio broadcast of 10 August carried a message of inciting violence to the electorate in Itezhi Tezhi against the PF candidate, and yet she dismissed allegations of violence used by Mr Monde in various places around the constituency.
“The learned High Court judge erred both at law and fact when she found as a fact that a radio broadcast of 10th August 2016 carried a message of inciting violence to the electorate of Itezhi Tezhi constituency against the respondent but dismissed allegations of violence committed against the respondent in Mbila and other polling stations as stated in the respondent’s petition, thereby contracting herself,” the submission read.
“The learned High Court judge erred both at law and fact when she found as a fact that the radio broadcast of 10th August 2016 was a climax of the appellant’s election campaign message of over 70 meetings in Itezhi Tezhi, thereby carrying a connotation that the appellant’s campaign meetings were all only about inciting violence and defamatory statements against the respondent,” Mr Shabula said.
Ms Justice Newa last week nullified the election of Mr Shabula on allegations of electoral malpractices which she said disadvantaged Mr Monde especially on the basis of inciting violence which affected majority of voters not going to vote on the polling day.
Having listened to the radio programme recording availed in evidence, the judge said she was convinced many people were intimidated and therefore could have been prevented to go out and cast their votes on election day.
On allegations that Mr Shabula called Mr Monde a thief, the appellant argued that it was with respect to the grader and drilling rig and charged that the court dismissed an application to include the Itezhi Tezhi council minutes to show proof, adding that “council minutes and documentary evidence showing that the respondent, or his agents or servants, did not purchase the grader meant for Itezhi Tezhi constituency and further that the drilling rig that was purchased was a small version bought at K800,000 less K240,000 which was accounted”.
Mr Shabula filed his application before the Constitutional Court.