By GRACE CHAILE LESOETSA
THE Lusaka High Court has dismissed an application to withdraw the petition by losing UPND candidate Moses Masala challenging the election of PF’s Andrew Lubusha as Chipangali Member of Parliament.
Mr Masala petitioned the High Court to nullify the election of Mr Lubusha, citing electoral malpractice.
He however applied for leave to withdraw the petition after he noted that it had some weaknesses.
High Court Judge Susan Wanjelani in her ruling on application for leave to withdraw the petition delivered yesterday said that Mr Masala had not complied with section 102(2) of the Electoral Process Act.
The Act provides that a petitioner should pay for costs within the time, manner and form as prescribed to the Chief Justice or High Court.
Ms Justice Wanjelani said that after the court issued an order for directions on September 3, this year, Mr Masala was required to pay security costs on or before September 6.
However, the Judge noted that Mr Masala had not paid the costs and that no proceedings could further be heard.
Section 102(3) states: “Where after presentation of an election petition, no security for costs is given as required by or under this section, no further proceedings shall be heard on that election petition.
“The petitioner has not complied with the above referred to provisions of the law regarding the prosecution of an election petition.
“I, therefore, find that this application is incompetently before me and is hereby dismissed,” she ruled.
Meanwhile, losing MMD candidate Joshua Mulenga yesterday withdrew the petition against Mandevu MP Christopher Shakafuswa.
In this matter, Mr Mulenga and Aaron Mulope of UPND in a consolidate petition asked the Lusaka High Court to declare null and void Mr Shakafuswa’s election.
Mr Shakafuswa and ECZ are cited as respondents in the matter.
The matter came up for hearing yesterday before High Court Judge Derrick Mulenga.
Ms Martha Mushipe informed the court that her client Joshua Mulenga was withdrawing the petition.
All parties did not object to the application.
Mr Justice Mulenga granted the application and adjourned the matter to next Wednesday.
Both Mr Lubusha and Mr Shakafuswa are represented by Makebi Zulu Advocates.
