Tue, 06 Dec 2016 09:48:59 +0000
By Chikumbi Katebe
IT will be nugatory and meaningless for Margaret Mwanakatwe to appeal to the Constitutional Court against the nullification of her seat without a stay because the Speaker will be within his rights to declare the seat vacant and for the Electoral Commission of Zambia (ECZ) to call for a by-election.
Mrs. Mwanakatwe has now appealed to the Constitutional Court for stay which was denied by Judge Mwiinde Siavwapa who declared that that such a stay would be illegal because it would mean a reversal of his earlier nullification of the seat.
Ms Mwanakatwe in her appeal filed on Saturday, December4, 2016 said that the Constitutional Court had jurisdiction to grant her a stay as interim relief following her appeal before it.
She submitted that if the stay of execution of judgment was not granted, the Electoral Commission of Zambia (ECZ) would proceed to call for by elections and her appeal would be a mere academic exercise.
“That an order for say of the said judgment will not prejudice the respondents herein, as the appeal has prospects of success as evidenced in the Memorandum of Appeal.
“That I have been advised by my counsel verily believing the same to be true that this honourable court is vested with power to grant me an interim relief as I pursue my appeal,” she said.
Last week, High Court Justice Siavwapa refused to grant Ms Mwanakatwe a stay of the nullification of her seat as Lusaka Central MP following an election petition by UPND losing candidate Charlotte Scott on allegations of corruption and abuse of Government resources that disadvantaged her against the PF candidate.
But Ms Mwanakatwe appealed against her nullification and applied for a stay which was thrown out on the basis that a court could not reverse its own judgment.
But Ms Mwanakatwe has requested for the Constitutional Court to grant her the stay of the November 24th 2016 Judgment pending determination of the appeal before the superior Court as appealed.