By GRACE CHAILE LESOETSA
FORMER Foreign Affairs minister Joseph Malanji has appealed in the Constitutional Court against the High Court decision to nullify his election as Kwacha Member of Parliament contending that the losing UPND candidate Charles Mulenga, failed to provide evidence to prove that he does not possess a Grade 12 certificate.
Judge Kazimbe Chenda last Friday declared void the election of Mr Malanji on grounds that he did not have a Grade 12 certificate or its equivalent which is a prerequisite for any candidate. This followed a petition from United Party for National Development losing candidate Mr. Charles Mulenga.
But Mr Malanji has raised 10 grounds of appeal among them that Judge Chenda erred in law and fact when he held that his election was void on account of eligibility.
He contends that it was an error of law and fact for the court to hold that he did not possess a School certificate when in fact he did.
He said that it was unfair for the Judge to shift the burden of proof from the petitioner to him when he ought to have known that “he who alleges must prove”.
Mr Malanji also contended that Judge Chenda erred in law and fact in holding that Mr Mulenga discharged his burden above the simple balance of probability on the issue of eligibility when he did not provide any evidence at all to prove so.
Meanwhile, Lusaka High Court Judge Bonaventure Mbewe has upheld the election of Shiwang’andu Member of Parliament Stephen Kampyongo following a petition filed earlier this year.
Judge Mbewe sitting in Chinsali dismissed the election petition which was filed by losing UPND candidate Albert Munanga.
Judge, Mbewe said the petitioner failed to convince the court that Mr. Kampyongo engaged in violence, corrupt practices, bribery and inducing votes.
And speaking in an interview, Mr Kampyongo said the ruling is for the people of Chinsali and Shiwang’andu.
Mr Kampyongo said the decision by the court is reaffirming the people’s choice.
He said that now that judgement has been made, he will continue with his development agenda.