By GRACE CHAILE LESOETSA
LOSING UPND candidate Aaron Mulope has appealed to the Constitutional Court challenging the lower court’s decision to declare Mr Christopher Shakafuswa duly elected Mandevu Member of Parliament when there was evidence of malpractice in the conduct of elections.
Mr Mulope, who has raised 10 grounds of appeal expressed dissatisfaction with the judgement delivered by Judge Derrick Mulenga in the Lusaka High Court.
Mr Mulope in his petition has asked the High Court to nullify the seat citing corruption, bribery and violence.
However, Mr Justice Mulenga upheld the election on account that the petitioner had failed to prove his case.
But Mr Mulope in his Memorandum of Appeal filed in the Con-Court yesterday contended that the trial Judge misdirected himself when he failed to properly assess the evidence of the wide malpractices allegedly committed by Mr Shakafuswa.
He also contended that Mr Justice Mulenga erred in both law and fact when he prohibited him from calling additional witnesses to solidify evidence on matters generally pleaded in the petition yet the said evidence was relevant to the matters in dispute.
Meanwhile, another UPND losing candidate, Mr Chileshe Chilufya has also appealed against the High Court’s judgement which upheld the election of PF’s Jean Chisanga Ng’andwe as MP for Mambilima constituency.
Mr Chilufya stated that Judge Yvonne Chembe erred when she condemned him to pay costs of the proceeding to the respondent on grounds that election petitions are cases of public interest and costs are rarely awarded.
He also stated that the trial Judge misdirected herself in holding that he failed to produce evidence to show that the alleged developmental projects were done with a view to induce voters to vote for Ms Ng’andwe.
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