By GRACE CHAILE LESOETSA
THE petition by the Legal Resources Foundation (LFR) Limited asking the Constitutional Court to invalidate the nomination of Nkandu Luo and 11 others to the office of Vice President allegedly did not receive approval of the organisation’s board of directors, court documents have revealed.
In this petition, LRF seeks a declaration that the 12 candidates have not complied with the provisions of article 100 (1) and (j) of the Constitution, their nominations for elections to the office of Vice-President are null and void.
It also wanted an order (of certiorari) that the petition be allowed and the 12 nomination papers filed with the Returning Office be removed forthwith into the Concourt for purposes of quashing.
The Foundation cited Professor Luo, for Patriotic Front (PF) , Mutale Nalumango for United Part for National Development (UPND,) Dr Cosmas Musumali for Socialist Party, Judith Kabemba (Democratic Party), Bright Chomba (Third Liberation Movement), Henry Muleya (Patriots for Economic Progress (Samuel Kasanka (New Heritage Party), Changala Siame (Economic Freedom Fighters), Rosemary Chivumba (Zambia United for Sustainable Development), Kaela Kamweneshe (Leadership Movement), and Kasote Singogo (Party of National Unity and Progress) as respondents in the matter.
It stated that the 12 did not pay the nomination fees and did not comply with the provisions of 100 supporters from each province as required by the law when filing their nominations.
However, LRF discontinued the matter.
But Prof Luo’s lawyer ,State Counsel Eric Silwamba yesterday filed an affidavit in support of summons to set aside notice of discontinuance.
Mr Silwamba stated that on May 21 this year, he conducted an electronic and also conducted a physical search on LRF at the Patents and Companies Registration.
“That the searches also revealed that no resolution of the board of directors approving that these proceedings be instituted and by which legal practitioner was filed,” he stated.
He said that LRF is yet to serve Prof Luo any court process, petition with attendant documents and the said notice of discontinuance.
And an aggrieved UPND member James Wamunyima has petitioned the Lusaka High Court to quash the nomination of Walusa Mulaliki as the party’s candidate for Senanga Consitituency in Western Province.
Mr Wamunyima wants the court to order that Mr Mulaliki’s nomination papers be replaced with his papers claiming that he is United Party for National Development (UPND) duly adpoted candidate to contest the Senanga seat on August 12,2021.
In his petition filed yesterday, Mr Wamunyima stated that on May 17,this year he was prevented from filing the nomination papers with ECZ Senanga by acts of violence coming from Mulaliki’s supporters.
He said that Mr Mulaliki presented himself as the UPND adopted candidate when in fact his adoption certificate had been revoked by the party, the previous day.
He stated that Mr Mulaliki went ahead to file his nomination which constitutes an illegal practice and contrary to Section 85 (2) of the Electoral Process Act no.35 of 2016
