Fri, 25 Nov 2016 09:33:43 +0000
As the ruling party loses election petitions for Lusaka Central, Munali and Mufumbwe
THE Patriotic Front (PF) is shocked by the nullification of Lusaka Central seat on account of events which either never took place or whose occurrence could not have risen to the scale of influencing the electorate against voting for a candidate of their choice and has vowed to present enough evidence to the constitutional court to prove its case.
PF deputy elections chairperson Kelvin Bwalya told the Daily Nation yesterday that the party was shocked that Margarete Mwanakatwe’s nullification was premised on alleged infarction which could not have conceivably influenced the people of Lusaka Central from voting for a candidate of their choice.
Lusaka High Court judge Mwiinde Siavwapa, who recently awarded the Post Newspaper a stay against the Zambia Revenue Authority, nullified Mrs Mwanakatwe’s election for among other things statement she made that her umbilical cord was buried in Zambia and that she carried herself as a Minister disadvantaged Dr. Scott.
According to the law, he said, an election would be nullified if there were wrongdoings of the type and scale which satisfied the court that the electorate were or could have been prevented from electing the candidate whom they preferred.
Mr. Bwalya however said the constituency, never received any reports of gratuitous violence in the run up to the August 11, 2016 elections.
Mr. Bwalya said the party was surprised by overall judgements from petitions over Munali, Lusaka central and Mufumbwe constituencies but said the ruling party was studying the judgements as it had enough evidence to present before the courts to the contrary.
“We are rather surprised that the Lusaka central seat, which was won by Ms. Mwanakatwe, has been nullified on account of violence when at no time the constituency had recorded any report of violence.
“We have enough evidence that will be presented before the constitutional court to prove that in fact there was never such incidences. The PF is however carefully studying the judgement of Lusaka central, Munali, and Mufumbwe and will make their evidence available to the courts. The PF is however concerned that events which did not take place are part of the rulings by the courts,” Mr. Fube said.
The Lusaka central seat, which was won by Ms. Mwanakatwe, was nullified yesterday by Lusaka High Court judge Mwiinde Siavwapa on grounds that she exhibited undue influence over her opponents as she campaigned as the Minister of Commerce, thereby enhancing her advantage in the elections. Justice Siavwapa also based his judgement on the allegation of discrimination saying Ms. Mwanakatwe was guilty of implying that she was better placed to become MP for Lusaka Central because she was born in Zambia as opposed to Dr Scott who was born overseas.