By GRACE CHAILE LESOETSA
THE Constitutional Court has granted 24 PF Members of Parliament leave to join proceedings in a matter where the ruling UPND seeks an alteration of the existing electoral law on election petitions.
Kabushi lawmaker Bowman Lusambo, Mr Brian Mundubile and 22 others, have been joined to the matter as opposers to the petition.
In this matter, a UPND member, Mr Joseph Busenga, seeks the removal of section 97 (2) (a) of the Electoral Process Act no.35 of 2016 from the constitution as it makes it difficult to nullify an election characterised by malpractice.
Mr Busenga in his petition contends that the said section is inconsistent with article 45 which discourages acts of election malpractice and instead promotes corrupt and illegal practices.
In a ruling delivered yesterday, Con-Court Judge Palan Mulonda, said that MrLusambo had met the criteria of being joined to the matter as an interested party and would be in the interest of justice as it will avoid a multiplicity of actions.
Mr Justice Mulonda said that by joining Mr Lusambo to the matter, he will be able to present his opposing views, making it easier for the court to deal with all issues conclusively in one matter.
He added that Mr Busenga and the State through the Attorney General’s chambers will not suffer any prejudice by joinder of Mr Lusambo.
“In light of the above, the application for leave to be joined as an interested party is granted and I accordingly order that the applicant, Bowman Lusambo, be joined to these proceedings as an interested party. The interested party is to be served with all court processes immediately. Each party shall bear their own costs,” he ruled.
The Con-court also granted the 23 other PF MPs who in a separate application to join the matter as interested party.
“It is ordered and directed that leave to be joined to the proceedings herein as an interested party be and is hereby granted to all the 23 intended interested parties. It is further ordered that service of all court documents be effected on Messrs MakebiZulu Adovcates for the 23 intended interested parties within five from the date of this order,” the court ordered.
ection 97 (2)(a) states: The election of a candidate as a Member of Parliament, Mayor, Council chairperson or councillor shall be void if, on the trial of an election petition, it is proved to the satisfaction of the High Court or a tribunal, as the case may be, that – (a) a corrupt practice, illegal practice or other misconduct has been committed in connection with the election – (i) by a candidate; or (ii) with the knowledge and consent or approval of a candidate or of that candidate’s election agent or polling agent; and the majority of voters in a constituency, district or ward were or may have been prevented from electing the candidate in that constituency, district or ward whom they preferred;
The petitioner has cited the Attorney General as the respondent in the matter.
