PF MPs appeal nullification of Lubansenshi, Nakonde seats
By GRACE CHAILE LESOETSA
PF Members of Parliament Taulo Chewe and Luka Simumba have appealed to the Constitutional Court against the nullification of the Lubansenshi and Nakonde seats.
The election of Mr Chewe was declared void by High Court Judge Maria Mapani Kawimbe after evidence of malpractice following a petition by losing UPND candidate Patrick Mucheleka and an independent candidate George Mwamba.
But Mr Chewe has raised 13 grounds of appeal among which is that the Judge erred in both law and fact when she held that the petitioners had proved their case to the required standard in election petition when the evidence fail below the said standard of proof.
He contended that it is an error in law and fact for the trial court to hold that the donation of K2, 000 and a pledge of 50 bags of tile fix to United Church of Zambia (UCZ) St. Mathews Congregation for building of the presiding minister’s house was beyond philanthropic activities and as such amounted to an illegal act.
He stated that the judge misdirected herself when she held that Chief Chipalo with full knowledge, approval and consent from the appellant, instructed electorates in 96 villages under his control, to vote for all PF candidates in the election when the traditional leader was not Mr Chewe’s registered agent.
Mr Chewe also contended that it was a misdirection of the court to hold that he influenced the payment of Social Cash Transfer by making it conditional to beneficiaries to vote for the PF without any contingent and tangible evidence.
He stated that there was no evidence to substantiate that he was engaged in electoral malpractices and illegalities which affected the majority of voters in Lubansenshi constituency and as a result were prevented from freely choosing their preferred candidates.
Meanwhile, Mr Simumba in his appeal stated that Judge Bonaventure Mbewe erred in both law and fact when without any evidence on record he held that he had knowledge and consented or approved to the violence perpetrated in Old Fife, Ikumbi and Nakonde Constituency.
He said there was no evidence to prove that the violence in Nakonde Constituency was widespread and voters in Old Fife, Ikumbi and Nakonde prevented the electorates from voting for their preferred candidate.
Ends.
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