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NYIRENDA VERSUS MABOSHE

By GRACE CHAILE LESOETSA

STEVEN Nyirenda has told the Constitutional Court that the reason Charles Maboshe has petitioned his Presidential nomination is because he wants the National Restoration Party (NAREP) to join the UPND Alliance.

This is in a matter where Mr Maboshe, leader of the opposing NAREP faction seeks a declaration and an order that the nomination filed by Mr Nyirenda on May 19, 2021 with the Returning Officer and all documents in support of his nomination for election of the office of president in the August 12 elections is null and void.

Mr Nyirenda and his running mate Ms Lucy Changwe are first and second respondents in the petition while the Electoral Commission of Zambia (ECZ) are cited as third respondent.

In his petition, Mr Maboshe stated that Mr Nyirenda by resolution of the national executive committee was expelled from NAREP on August 12, 2020.

Mr Nyirenda however challenged his expulsion through legal proceedings under cause number 2020/HP/799 and the matter which is before Judge Wilfred Muma is yet to be heard at inter-parte stage nor to determine the injunction.

In response, Mr Nyirenda stated that he and Ms Changwe did not violate any of the party’s constitutional provisions in the NAREP constitution which can warrant to being disqualified in the 2021 general elections.

He stated that he had  been an active member of NAREP for at least one year as per constitutional provision of the party, therefore qualifies to be elected as party Republican Presidential candidate.

“That the main reason why the petitioner wants me and my running mate to be disqualified is not that we are in breach of the NAREP Constitution or rather the High Court litigation; but rather that he wants NAREP to join the UPND Alliance,” he contended.

Mr Nyirenda argued that the litigation under cause 2020/HP/799 has not paralysed the operation and governance of the party to make a decision regarding who it can adopt as its Republican Presidential candidate.                

He prays that the substantive reliefs sought by Mr Maboshe in his petition be dismissed with costs for multiplicity to the respondents. 

He Mr Nyirenda also wants a declaration to uphold the decision of ECZ chairperson Justice Esau Chulu allowing him to run as Republican Presidential candidate and his running mate respectively.

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